House Bill No. 357

Introduced By wells, brainard, kitzenberg, mcgee, mood, adams, tash, sprague, bitney, bankhead, walters, jore, prouse, bergman, emerson, boharski

A Bill for an Act entitled: "An Act clarifying a landlord's waiver of a claimed breach of a rental agreement by a tenant; and amending section

70-24-423, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 70-24-423, MCA, is amended to read:

"70-24-423.   Waiver of landlord's right to terminate for breach. Acceptance by the landlord of full payment of rent due with knowledge of a tenant's default or acceptance by the landlord of a tenant's performance that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach unless otherwise agreed after the breach has occurred is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent. Acceptance of full payment of rent due when a claimed breach is something other than the nonpayment of rent does not constitute a waiver of any right. The acceptance of partial payment of rent due does not constitute a waiver of any right."

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