Deposit laws by state › Montana

State law · Montana

Montana security deposit law

How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.

Checked against Mont. Code Ann. §§ 70-25-202, 70-25-204 on October 25, 2026 · By Michael

Short answer: If nothing is deducted, the landlord must return the deposit within 10 days. If anything is deducted, the landlord must give a written list of charges with the balance within 30 days after the tenancy ends.

Return deadline10 or 30 days
Possible penaltyNo double or triple damages
Small-claims limit$7,000

How long does a landlord have to return a security deposit in Montana?

Return deadline
If nothing is deducted, the landlord must return the deposit within 10 days. If anything is deducted, the landlord must give a written list of charges with the balance within 30 days after the tenancy ends.Mont. Code Ann. § 70-25-202
Itemized list
The written list of unpaid rent, damage and cleaning charges is due within 30 days.Mont. Code Ann. § 70-25-202

Prefer a full page? Use the security deposit deadline calculator.

What happens if a Montana landlord misses the deadline?

If the landlord misses it
Montana's remedy is the amount wrongfully withheld; the statute states no forfeiture.Mont. Code Ann. § 70-25-204
Penalty
Montana has no double or triple damages for deposits. The landlord is liable for the amount wrongfully withheld, and the court may award attorney's fees to the winning side. The landlord carries the burden of proving tenant damage.Mont. Code Ann. § 70-25-204

What can a Montana landlord deduct from your deposit?

What can be deducted: Damage caused by the tenant, unpaid rent, late charges, utilities and lease penalties, and actual cleaning costs including reasonable landlord labor. Nothing else. (Mont. Code Ann. § 70-25-201(1), (4))

Normal wear and tear: Cleaning charges may not be imposed for normal maintenance the landlord does on a regular cycle. (Mont. Code Ann. § 70-25-201(3)(a))

Cleaning: Cleaning charges may not be deducted until the landlord gives written notice of the cleaning not done and the tenant has 24 hours to do it (no notice is needed if the tenant left without telling the landlord). (Mont. Code Ann. § 70-25-201(3))

What the itemized list must include: A written list of rent due and damage and cleaning charges. (Mont. Code Ann. § 70-25-202)

More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.

Deadlines and steps on your side

Montana also sets rules for tenants. Missing one of these can cost you part of your claim, so check them early.

Move-in condition report: A landlord who collects a deposit must give a written statement of the unit's condition when the tenancy starts. A landlord who did not is barred from recovering anything for damage or cleaning unless it proves by clear and convincing evidence that the tenant (or the tenant's family or guests) caused the damage during the tenancy. (Mont. Code Ann. § 70-25-206(3))

Taking a deposit case to small claims court in Montana

Small-claims limit: Montana small claims covers claims up to $7,000. (Montana Office of Consumer Protection)

Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.

Good to know

  • You may not sue until the landlord denies your claim in writing, or 30 days pass after the tenancy ends or the landlord accepts surrender, or 10 days pass after the landlord indicates there were no charges (Mont. Code Ann. § 70-25-204).

What to do if your Montana landlord kept your deposit

  1. Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
  2. Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
  3. Send a demand letter by certified mail. Ask for the money, cite Montana's rules, and give a deadline to pay. What a demand letter does.
  4. If they still don't pay, consider small claims court. You don't need a lawyer there.

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Sources

These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.

Other states: see the guides for all 50 states and DC

This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Montana.