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/ ↗

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¶27 An accelerated rent provision in a lease agreement undermines a landlord’s duty to mitigate damages. Recovery of accelerated rent reduces the landlord’s incentive to re-rent the apartment promptly. The tenant must pay for the remaining term of the lease before the rent would otherwise be due and without receiving any of the attendant benefits of possession of the apartment. Thus, we conclude that irrespective of a factual determination by the District Court that Crestview acted reasonably to mitigate damages, as a matter of law an accelerated rent provision in a lease agreement conflicts with the landlord’s duty to mitigate damages under § 70-24-401(1), MCA.2

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