Section 70-24-202

Citation: Section 70-24-202
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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(Emphasis added.) The statute then provides that “[a] person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section.” Section 70-25-201(4), MCA. The acceleration clause here states that “the entire principal rent amount owed for the full lease term shall at once become due and payable ...” (Emphasis added.) Thus, under the residential agreement at issue, the moment Summers defaulted on his payment of rent to *141Crestview, he “at once” owed previous unpaid rent as well as the future accelerated rent, subject only to the landlord’s future obligation to mitigate. Section 70-25-201(1), MCA, therefore permits the deduction of accelerated rent from the security deposit because it validly became due, qualifying as “other money owing to the landlord at the time of deduction.”

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