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security deposit provisions in violation of the Security Deposit Act violates the
portion of this rent from the security deposit was illegal, the security deposit was less
Ploegers constitute the “security deposit.” Duram relies on § 70-25-101(4), MCA, which defines “security deposit” as:
security deposit. The statement showed that Hines had a $1,075 security deposit, that
through 442, MCA, and the Montana Security Deposit Act (Security Deposit Act),
...A fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit.
¶13 Whether the landlord complied with the requirements of the Montana Residential Tenants’ Security Deposits Act, Title 70, chapter 24, MCA, prior to deducting costs of cleaning from a vacating tenant’s security deposit.
¶17 Crestview could not deduct future rent from the security deposit and withholding accelerated rent from the security deposit was illegal under § 70-25-201(1), MCA.
deposit and provides, “A person may not deduct or withhold from the security deposit
Summers contends that § 70-25-201(4), MCA, prohibits withholding future rent from the security deposit, and the security deposit should have been returned, minus any cleaning deductions, 30 days after termination of the tenancy in October.
¶13 Summers argues that a lease provision permitting Crestview to deduct from the security deposit future damages in the form of accelerated rent is prohibited bylaw. Section 70-25-201(1), MCA, of the Security Deposits Act, provides:
Whether the landlord complied with the requirements of the Montana Residential Tenants’ Security Deposits Act, Title 70, chapter 24, MCA, prior to deducting costs of cleaning from a vacating tenant’s security deposit. FACTUAL AND PROCEDURAL BACKGROUND
¶57 Because I would conclude the accelerated rent provision in the lease agreement was conscionable and enforceable, I would also affirm the District Court’s holding which permitted Crestview to deduct accelerated rent from the security deposit. Section 70-25...
tenants' security deposit was wrongfully withheld. Likewise, the
permitted Crestview to deduct accelerated rent from the security deposit. Section 70-25-
deduction of accelerated rent from the security deposit because it validly became due,
201(1), MCA, governs a landlord’s deductions from a tenant’s security deposit:
from the security deposit any amount for purposes other than those set forth in this
from the security deposit; wrongfully imposed an unconscionable and unenforceable
constitute the “security deposit,” but the entirety of the damages demanded by the