first and last month’s rent
Is it legal to charge last month’s rent in Montana. First, last and deposit?
Edited on: Wednesday, June 6th, 2012 10:18 am
One Response to “first and last month’s rent”
May 3rd, 2010 3:03 pm
I just researched Montana Security Deposit law… There is no law that regulates the amount a landlord can charge for security deposits. ¬†Here is a snippet of the law: ¬†Montana Title 70 (property) Chapter 25 (Residential Tenant’s Security Deposits) ¬†Source: ¬†Montana Code Annotated data.
70-25-201. Security deposit — deductions authorized therefrom. (1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under¬†70-24-441(3), and a sum for actual cleaning expenses, including a reasonable charge for the landlord’s labor.¬†
70-25-204. Wrongful withholding of security deposit — action. (1) A person who wrongfully withholds a residential property security deposit or any portion of the deposit is liable in damages to the tenant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. The attorney fees may be awarded the prevailing party at the discretion of the court. The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord.¬†
70-25-206. Landlord to furnish statement of condition of premises at beginning of lease. (1) Any person engaged in the rental of property for residential purposes who requires a security deposit shall furnish to each tenant, in conjunction with execution of a lease or creation of a tenancy, a separate written statement as to the present condition of the premises intended to be let. At the written request of the tenant, a copy of the written list of damage and cleaning charges, if any, provided to the tenant of the immediately preceding leasehold agreement for the premises in question must be provided to the tenant.¬†
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