Cal. Civ. Code § 70-33-312

Access To Premises By Landlord

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaNotice to Enter

Operative Text

Cal. Civ. Code § 70-33-312
(1) A tenant may not unreasonably withhold consent to the landlord or the landlord's agent to enter the lot in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the lot to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) A landlord may enter the lot without consent of the tenant in case of emergency.
(3) (a) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least 24 hours' notice of the intent to enter and may enter only at reasonable times.
(b) For the purposes of this subsection (3), in addition to the provisions of 70-33-106 , a tenant has notice of the intent to enter if the landlord conspicuously posts the landlord's intent to enter on the main entry door of the dwelling unit.
(4) A landlord has no other right of access except:
(a) pursuant to a court order;
(b) as permitted by 70-33-425 and 70-33-426 (1)(b); or
(c) when the tenant has abandoned or surrendered the premises.
(5) A tenant may not remove a lock or replace or add a lock not supplied by the landlord to the premises without the written permission of the landlord. If a tenant removes a lock or replaces or adds a lock not supplied by the landlord to the premises, the tenant shall provide the landlord with a key to ensure that the landlord will have the right of access as provided by this chapter.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-33-312 governs when and how a landlord may enter a rented lot and its premises. Tenants are required not to unreasonably block entry for purposes such as inspections, repairs, or showing the property, while landlords must generally give at least 24 hours' notice and enter only at reasonable times. Emergency situations allow for entry without notice or consent, but the law explicitly prohibits landlords from abusing access rights or using them to harass tenants. The provision also restricts tenants from changing or adding locks without written landlord permission, and requires them to supply a key if they do so.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-33-312, compliant operators generally provide written or conspicuously posted notice of at least 24 hours before entering a lot, except in genuine emergencies or when advance notice is truly impracticable. Entry is limited to reasonable times and legitimate purposes—such as inspections, repairs, or showing the property to prospective buyers or tenants—and landlords take care not to use access rights in a manner that could be characterized as harassment. Operators also typically maintain documentation of lock arrangements and obtain written permission before any tenant-initiated lock changes, ensuring they retain lawful access as the chapter requires.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-33-312 gives tenants the right to expect advance notice—at least 24 hours in most circumstances—before a landlord enters the lot, and protects them from landlords who abuse access rights or use entry as a form of harassment. Tenants who believe a landlord is entering without proper notice or for improper purposes may have grounds to raise that conduct as a violation under this provision. General enforcement paths can include documenting incidents, contacting a local tenant-rights organization for guidance, or consulting with an attorney familiar with Montana landlord-tenant law to understand available remedies.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-33-426
Mont. Code Ann. § 70-33-311
Mont. Code Ann. § 70-33-106
Mont. Code Ann. § 70-33-321
Mont. Code Ann. § 70-33-431
Mont. Code Ann. § 70-33-302
Mont. Code Ann. § 70-33-405
Mont. Code Ann. § 70-33-321
Mont. Code Ann. § 70-33-303
Mont. Code Ann. § 70-33-409
Mont. Code Ann. § 70-33-404
Mont. Code Ann. § 70-33-106
Mont. Code Ann. § 70-33-422

Related Rules

§ 244.285
Tenant to be notified of entry
§ 47a-16
When landlord may enter rented unit.
§ 47a-16a
Notification by tenant of extended absence. When landlord may enter.

Source Information