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Does My Landlord Have to Mitigate Damages in Montana?

If you're renting in Montana, your landlord is required by law to try and find a new tenant to replace you if you move out early.


If you move out early from the rental, the landlord must try to re-rent the rental at a fair price1. If the landlord re-rents the rental before the end date of your rental agreement, your rental agreement ends on the day the rental agreement with the new tenant begins. You are responsible for the rent from the time you move out, until the time the new tenant moves in.

If the landlord does not try to re-rent the rental at a fair price, the rental agreement ends on the day the landlord first had notice that you left the rental. Then, you are only responsible for rent for the time that you lived there.

The last thing mentioned in this handbook is that the landlord can also just decide to accept that you left the rental and end the rental agreement on the day he first noticed that you had left the rental.


[1] Montana Code Annotated 202170-24-426.

The information provided on this website does not, and is not intended to, constitute legal advice.