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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grenfell v. Anderson, 1999 MT 272 (1999)

Citation
Grenfell v. Anderson, 1999 MT 272 (1999)
Parent Document
Grenfell v. Anderson, 1999 MT 272 (1999)
Jurisdiction
Montana (state)
Effective Date
1999-11-09

Other Sections in This Document (105)

Full Text

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¶ Here, the lease expressly provides that upon taking repossession, the landlord was entitled to
"enjoy" the premises "as if the lease had not been made," reserving the right to "recover from
Lessee all rent due up to the time of such entry" (emphasis added). Consequently, we conclude
that the award for unpaid rent and utilities to Grenfell cannot be sustained beyond the date he
took repossession. Likewise, we conclude that Grenfell’s claim for unlawful detainer is void as
well, under the logical conclusion that once locked out, Anderson could in no sense unlawfully
detain the premises absent a showing of his reentry. What remains to be determined, therefore, is
what damages Grenfell may still be entitled to.