Can I ask the landlord to return the prepaid rent when I terminate the rent agreement?
Full Question:
My landlord has failed to deliver possession of the rental property on the date specified in the rent agreement. The landlord has taken two month’s rent in advance. I wish to terminate the agreement. Under Montana law, can I ask the landlord to return the prepaid rent when I terminate the rent agreement?
12/23/2016 |
Category: Landlord Tenant |
State: Montana |
#28686
Answer:
“(1) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in 70-24-302, rent abates until possession is delivered and the tenant may:
(a) terminate the rental agreement upon at least 5 days' written notice to the landlord, and upon termination, the landlord shall return all prepaid rent and security; or
(b) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the actual damages sustained by the tenant.
(2) If a person's failure to deliver possession is purposeful and not in good faith, an aggrieved party may recover from that person an amount not more than 3 months' periodic rent or treble damages, whichever is greater.”
When the tenant terminates the rent agreement under 70-24-405, MCA, on the landlord’s failure to deliver the possession of the property, the tenant is entitled to ask the landlord to return all prepaid rent.