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Rent Regulations

Cal. Civ. Code § 70-33-402

Prohibited Provisions -- Damages

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaProhibited Clauses

Operative Text

Cal. Civ. Code § 70-33-402
(1) A provision prohibited by 70-33-202 that is included in a rental agreement is unenforceable.
(2) If one party purposefully uses a rental agreement containing provisions known by that party to be prohibited, the other party may recover, in addition to actual damages, an amount up to 3 months' rent.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-33-402 addresses what happens when a rental agreement contains clauses that are prohibited under § 70-33-202. Any such prohibited clause is void and cannot be enforced against either party. Additionally, if one party knowingly and purposefully includes a prohibited provision in the agreement, the other party may seek actual damages plus up to three months' rent as an additional remedy.

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

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-33-402, rental agreements used by property owners and managers must not include provisions that are prohibited by § 70-33-202. Compliant operators routinely review their lease templates to ensure no such clauses are present before presenting them to prospective tenants. Knowingly including a prohibited provision exposes a landlord to liability for the tenant's actual damages plus up to three additional months' rent.

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. § 70-33-402 provides that any lease clause prohibited under § 70-33-202 is unenforceable, meaning a landlord generally cannot rely on such a clause against a tenant. If a landlord knowingly included a prohibited provision in the rental agreement, a tenant may have grounds to pursue actual damages plus up to three months' rent as an additional remedy. Tenants who believe their lease contains such provisions may consider consulting a tenant-rights organization or legal aid office to understand the options available under this statute.

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
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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

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information

Source:https://mca.legmt.gov/bills/mca/title_0700/chapter_0330/part_0040/section_0020/0700-0330-0040-0020.html
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