DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Summers v. Crestview Apartments, 2010 MT 164 (2010)

Citation
Summers v. Crestview Apartments, 2010 MT 164 (2010)
Parent Document
Summers v. Crestview Apartments, 2010 MT 164 (2010)
Jurisdiction
Montana (state)
Effective Date
2010-07-27
Original Source
https://www.courtlistener.com/opinion/889353/summers-v-crestview-apartments/ ↗

Other Sections in This Document (530)

Full Text

535 chars 
¶15 Section 70-25-201(1), MCA, clearly allows a landlord to deduct from the security deposit “money owing to the landlord at the time of deduction, including rent owed” (emphasis added). Here however, Crestview deducted future rent by charging Summers rent in November for the remaining eight months of the lease term. This accelerated rent was not owed to Crestview at the time of deduction on November 2, 2006. Therefore, § 70-25-201(1), MCA, prohibited Crestview from deducting the accelerated future rent from the security deposit.