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/ ↗

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¶25 Significantly, the Landlord and Tenant Act imposes a duty to mitigate damages. Section 70-24-401(1), MCA. Summers contends that Crestview acknowledged that it did nothing specific nor took any extra effort to rent the unit. In fact, Crestview’s property manager was unaware of Summers’ offer of one month’s free rent and made no effort to inform potential tenants of the lower rent available for Summers’ apartment. Crestview claims that it did what it always did to rent an *131apartment, and the District Court concluded that the “landlord acted reasonably to mitigate tenant’s damages by placing the premises in its pool of available units shortly after the tenants physically vacated.” Crestview leased 12 other apartments from December 2006 through May 2007.

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