Cal. Civ. Code § 70-33-404
Landlord's Failure To Deliver Premises -- Tenant's Remedies
Operative Text
(1) If the landlord fails to deliver possession of the lot to the tenant as provided in 70-33-302 , rent abates until possession is delivered and the tenant may: (a) terminate the rental agreement upon at least 5 days' written notice to the landlord and, upon termination, the landlord shall return all prepaid rent and security; or (b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the lot against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant. (2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount of not more than 3 months' rent or treble damages, whichever is greater.
Mont. Code Ann. § 70-33-404 addresses what happens when a landlord fails to hand over a mobile home lot on the agreed date. Under this provision, rent stops accruing until the landlord actually delivers possession, and the tenant gains a choice of remedies: ending the rental agreement with at least five days' written notice and receiving a full refund of prepaid rent and security, or insisting the agreement be honored and pursuing a legal action for possession along with actual damages. If the failure to deliver was intentional and in bad faith, the wronged party may recover the greater of three months' rent or treble damages.
Plain English — not legal advice.
Operators subject to Mont. Code Ann. § 70-33-404 are generally expected to ensure that a mobile home lot is ready for occupancy on the date specified in the rental agreement. A compliant operator coordinates move-in timelines carefully, avoids holding over prior occupants past their departure date, and acts in good faith to resolve any delivery delays promptly. Because a purposeful failure to deliver can expose a landlord to enhanced damages—up to three months' rent or treble damages, whichever is greater—operators typically document all steps taken to prepare and deliver the lot on time.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-33-404, a tenant who does not receive possession of a rented lot on the agreed date has the right to stop paying rent for the period of delay and to choose between two paths: terminating the agreement by giving at least five days' written notice and recovering all prepaid rent and security, or demanding that the landlord fulfill the agreement and seeking a court action for possession plus actual damages. If the landlord's failure was intentional and not in good faith, the tenant may be entitled to the greater of three months' rent or treble damages. Tenants exploring these options may find it helpful to contact a local tenant-rights organization or Montana legal aid office to understand which general path fits their circumstances.
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
References In
Rules and statutes that cite this regulation