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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