§ 70-25-202
exceed the security deposit paid, nor could we find such a case. Moreover,
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exceed the security deposit paid, nor could we find such a case. Moreover,
Residential Tenants’ Security Deposits Act. See § 70-25-202(1), MCA. Guethlein
required in order to receive a full refund of her security deposit.
¶4 Whether Crestview wrongfully deducted future unpaid rent from the security deposit.
15, 2006, Crestview issued a “Statement of Deductions from the Security Deposit”
¶12 Whether Crestview wrongfully deducted future unpaid rent from the security deposit.
Section 70-25-201(1), MCA, of the Security Deposits Act, provides:
30-day time limit provided for settling deductions from the security deposit.
MCA, that this attorney fee term is permitted by a provision in the Security Deposits Act
security deposits. Riverstone argues that Tenants impermissibly attempted to bootstrap
forfeited the right to withhold Duram’s security deposits and the District Court correctly affirmed.
from her security deposit. These documents provided notice to Hines of what was
January 10, 2011. Pursuant to the lease, Guethlein provided a $500 security deposit. Her
for failing to return her security deposit within 30 days pursuant to the Montana
¶10 Summers sued for wrongful withholding of the security deposit, based on the
Security Deposits Act, violations of the Landlord and Tenant Act, lack of mitigation
after termination of the lease, by withholding the entire $2,170 security deposit,
¶17 Crestview could not deduct future rent from the security deposit and withholding
together with Crestview’s illegal deductions of future rent from the security deposit,
requiring deduction of future rent from security deposits are unlawful, and that a