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Can I ask the landlord to return the prepaid rent when I terminate the rent agreement?

Can I ask the landlord to return the prepaid rent when I terminate the rent agreement?

Q: Is possession date the same as move-in date?

Yes, the possession date is typically the same as the move-in date specified in the lease agreement. This is the date when the tenant is allowed to take possession of the property. If the landlord does not provide access on this date, the tenant may have grounds to terminate the lease and seek a refund of any prepaid rent.

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?

Category: Landlord Tenant
Date: 04/07/2025
State: Montana

Answer:

70-24-405, MCA states the remedies available to a tenant when the landlord fails to deliver possession of the rental property.70-24-405, MCA reads:

“(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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the possession date of a lease?

The possession date of a lease is the date specified in the rental agreement when the tenant is entitled to take possession of the rental property. This date is important because it marks the beginning of the tenant's rights to occupy the property. If the landlord fails to provide access by this date, the tenant may have the right to terminate the lease and seek a refund of any prepaid rent. Always check your lease for specific terms regarding possession dates.

What are the renters' rights in Montana?

In Montana, renters have several rights, including the right to a habitable living space, the right to privacy, and the right to receive a written lease agreement. If a landlord fails to deliver possession of the property as agreed, tenants can terminate the lease and request a refund of prepaid rent. Additionally, tenants have the right to seek repairs and maintain a safe living environment. Familiarize yourself with the Montana Residential Landlord and Tenant Act for more details.

What if the apartment was not ready for occupancy on my move-in date?

If the apartment is not ready for occupancy on your move-in date, you may have the right to terminate the lease under Montana law. You should notify the landlord in writing about the issue. If you choose to terminate the lease, you can request a refund of any prepaid rent. It's important to document any communication with your landlord regarding this matter.

Is possession date the same as move-in date?

What is the possession date?

The possession date is the date outlined in the lease agreement when the tenant is allowed to move into the rental property. It is crucial for determining the start of the rental period and the tenant's rights. If the landlord fails to deliver possession by this date, the tenant may have legal options, including terminating the lease.

What does failure to deliver possession mean?

Failure to deliver possession means that the landlord has not made the rental property available for the tenant to occupy on the agreed-upon possession date. This can include situations where the property is not ready, or the landlord has not provided keys or access. Under Montana law, tenants may have the right to terminate the lease and request a refund of any prepaid rent in such cases.