70-33-423. Waiver of landlord's right to termination. (1) Acceptance by the landlord of full payment of rent due is a waiver of a claimed breach of a rental agreement only when the claimed breach is the nonpayment of rent.
(2) 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.
(3) The acceptance of partial payment of rent due does not constitute a waiver of any right, including rent due.
History: En. Sec. 40, Ch. 267, L. 2007; amd. Sec. 6, Ch. 236, L. 2021.
Structure Montana Code Annotated
Chapter 33. Montana Residential Mobile Home Lot Rental Act
70-33-401. Administration of remedies -- enforcement -- agreement
70-33-402. Prohibited provisions -- damages
70-33-403. Unconscionability -- court discretion
70-33-404. Landlord's failure to deliver premises -- tenant's remedies
70-33-405. Landlord's failure to maintain premises -- tenant's remedies
70-33-406. Landlord's failure to provide essential services -- tenant's remedies
70-33-407. Fire or casualty damage -- rights and obligations of tenant
70-33-408. Unlawful or unreasonable entry by landlord -- tenant's remedies
70-33-409. Unlawful ouster, exclusion, or diminution of services -- tenant's remedies
70-33-410. Action for nonpayment of rent -- tenant's counterclaim
70-33-411. through 70-33-421 reserved
70-33-423. Waiver of landlord's right to termination
70-33-424. Refusal of access -- landlord's remedies
70-33-425. Tenant's failure to maintain lot -- landlord's right to enter and repair
70-33-426. Remedies for absence or abandonment
70-33-427. Landlord's remedies after termination -- action for possession
70-33-428. Landlord's recovery of possession limited
70-33-429. Holdover remedies -- consent to continued occupancy
70-33-430. Disposition of abandoned personal property
70-33-431. Retaliatory conduct by landlord prohibited
70-33-432. Disposition of abandoned mobile home