Cal. Civ. Code § 70-33-429
Holdover Remedies -- Consent To Continued Occupancy
Operative Text
(1) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or other termination of the rental agreement, the landlord may bring an action for possession. (2) If the term is longer than month-to month and the landlord terminates the agreement with cause and the tenant's holdover is purposeful and not in good faith, the landlord may recover an amount of not more than 3 months' rent or treble damages, whichever is greater. (3) If the term of the rental is month-to-month and the landlord terminates the rental agreement without cause and issues a lawful 30-day notice and the tenant remains in the rental unit after the termination date, then the holdover is purposeful and the landlord may recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. (4) In an action for possession or unlawful holdover, the provisions of the Montana Justice and City Court Rules of Civil Procedure, Title 25, chapter 23, apply, except that the time for filing an answer under Rule 4C(2)(b) is 5 business days after service of summons and complaint, exclusive of the date of service. (5) If the landlord consents to the tenant's continued occupancy, 70-33-201 (2)(e) applies.
Mont. Code Ann. § 70-33-429 governs what happens when a tenant remains in a rental unit after a rental agreement has ended. If the tenant stays without the landlord's consent, the landlord can pursue a legal action for possession of the property. Depending on whether the tenancy was month-to-month or longer and whether the holdover was purposeful and in bad faith, the landlord may also seek enhanced monetary damages of up to three months' rent or treble damages, whichever is greater. If the landlord does consent to the tenant continuing to stay, a separate provision under § 70-33-201(2)(e) governs that arrangement.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-33-429, property owners and managers generally document the end date of any rental agreement and communicate clearly whether continued occupancy is or is not permitted. When a tenant remains without consent, compliant operators typically initiate a court action for possession under the procedures set out in Title 25, chapter 23, noting that a tenant has only 5 business days after service to file an answer. Where the holdover is purposeful and in bad faith on a term longer than month-to-month, or where a proper 30-day notice was issued on a month-to-month tenancy, operators may also seek enhanced damages of up to three months' rent or treble damages, whichever is greater.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-33-429 sets out important protections and timelines for tenants who remain in a unit after a rental agreement ends. If a landlord files an action for possession or unlawful holdover, tenants generally have only 5 business days after being served with a summons and complaint to file an answer, making a prompt response critical. Tenants who believe their continued occupancy was consented to by the landlord, or who dispute that a holdover was purposeful or in bad faith, may raise those circumstances as part of their response; consulting a tenant-rights organization familiar with Montana law can help clarify available options under this provision.
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.
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