2019 Montana Code Annotated
Title 70. Property
Chapter 16. Rights and Obligations Incidental to Ownership in Real Property
Part 1. General Provisions
70-16-104. Rights of tenant for years or at will

Universal Citation: MT Code § 70-16-104 (2019)

70-16-104. Rights of tenant for years or at will. (1) A tenant for years or at will, unless the tenant is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, and work mines and quarries open at the commencement of the tenancy. A tenant at will or for an indefinite term may cultivate and harvest the crops growing at the end of the tenancy.

(2) A tenant for years or at will has no other rights to the property than those given to the tenant by the agreement or instrument by which the tenancy is acquired or by subsection (1).

(3) Subsection (2) does not apply to arrangements governed by Title 70, chapter 24.

History: (1)En. Sec. 1271, Civ. C. 1895; re-en. Sec. 4519, Rev. C. 1907; re-en. Sec. 6761, R.C.M. 1921; Cal. Civ. C. Sec. 819; Based on Field Civ. C. Sec. 258; re-en. Sec. 6761, R.C.M. 1935; Sec. 67-702, R.C.M. 1947; (2)En. Sec. 1272, Civ. C. 1895; re-en. Sec. 4520, Rev. C. 1907; re-en. Sec. 6762, R.C.M. 1921; Cal. Civ. C. Sec. 820; Field Civ. C. Sec. 259; re-en. Sec. 6762, R.C.M. 1935; Sec. 67-703, R.C.M. 1947; R.C.M. 1947, 67-702, 67-703; (3)En. Sec. 5, Ch. 115, L. 1979; amd. Sec. 2117, Ch. 56, L. 2009.

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