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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/ ↗

Other Sections in This Document (530)

Full Text

561 chars 
¶19 Summers argues that accelerating the future rental balance and demanding it from the tenant converts the lease into a judgment against the tenant. Summers also contends this improperly imposes financial burdens on the tenant (including effects on credit), and conflicts with the landlord’s duty to mitigate damages. Summers claims that accelerated rent is a liquidated damage provision and that § 28-2-721, MCA, prohibits liquidated damages, except when the amount of actual damage sustained by a breach would be impracticable or extremely difficult to fix.