Montana security deposit law
Security Deposit Laws in Montana
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When did you move out?
This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.
Statute-verified in 50 U.S. jurisdictions and counting — everywhere else, a specialist prepares your case by hand until verification clears.
Montana security deposit return timeline
Deadline to return
30 days
Statute
Mont. Code Ann. § 70-25-202 (deadline); § 70-25-201 (deductions); §§ 70-25-203, 70-25-204 (remedies)
30 days after termination of the tenancy OR 30 days after surrender and acceptance of the premises, WHICHEVER OCCURS FIRST — within which the landlord must deliver a written list of any rent due and any damage and cleaning charges, accompanied by payment of the difference. BUT the deadline is only 10 DAYS if, after inspection, there are no damages, no cleaning required, no unpaid rent, and the tenant can demonstrate no unpaid utilities. It is NOT wrongful withholding if the landlord mails funds to the tenant's last-known address because the tenant gave no new address, though the landlord remains liable for the amount due. Does not apply where the rental agreement was terminated under 70-24-427 or 70-33-427 and the landlord has a pending court claim.
What can a landlord legally deduct in Montana?
Allowed
- ✓Damage alleged to have been caused by the tenant
- ✓Unpaid rent, late charges, utilities, and penalties due under lease provisions
- ✓Other money owing to the landlord at the time of deduction, including rent owed under 70-24-441(3)
- ✓Actual cleaning expenses, including a reasonable charge for the landlord's labor
Not allowed
- ✗Cleaning charges for normal maintenance performed on a cyclical basis by the landlord (unless forced by tenant negligence)
- ✗Cleaning charges where the required written cleaning notice and 24-hour cure opportunity were not given
- ✗Any amount for purposes other than those set out in 70-25-201
What if your landlord keeps your deposit wrongfully in Montana?
NO STATUTORY MULTIPLIER. Under § 70-25-204(1) a person who wrongfully withholds is liable in a civil action for an amount EQUAL TO the sum wrongfully withheld or deducted (1x), with attorney fees awardable to the prevailing party at the court's DISCRETION; the burden of proving tenant-caused damage is on the landlord. Separately, § 70-25-203: a landlord who fails to provide the required written list FORFEITS all rights to withhold any portion for damages or cleaning charges. Under § 70-25-204(2) suit may not be brought until the tenant receives a written denial, or until the 30-day (or 10-day) period expires.
How TenantNex helps
- 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
- 2. We generate a demand letter citing Mont. Code Ann. § 70-25-202 (deadline); § 70-25-201 (deductions); §§ 70-25-203, 70-25-204 (remedies) and your exact deadline.
- 3. We mail it to your landlord via USPS Certified Mail with return receipt.
- 4. You track delivery on your case page, with day-7 and day-14 follow-up.
$39 per case — founding price, one flat fee, no subscription.
Montana tenant rights resources
- HUD — tenant rights and resources
- Find your state's consumer protection / Attorney General office
- Key statute: Mont. Code Ann. § 70-25-202 (deadline); § 70-25-201 (deductions); §§ 70-25-203, 70-25-204 (remedies) — verified against the official text on 2026-09-04.
Every fact on this page is verified against Montana's official statutory text as of 2026-09-04. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in Montana.
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30 days
Montana law sets this deadline — your landlord must return your deposit or itemize deductions by then.
If they wrongfully withhold
NO STATUTORY MULTIPLIER. Under § 70-25-204(1) a person who wrongfully withholds is liable in a civil action for an amount EQUAL TO the sum wrongfully withheld or deducted (1x), with attorney fees awardable to the prevailing party at the court's DISCRETION; the burden of proving tenant-caused damage is on the landlord. Separately, § 70-25-203: a landlord who fails to provide the required written list FORFEITS all rights to withhold any portion for damages or cleaning charges. Under § 70-25-204(2) suit may not be brought until the tenant receives a written denial, or until the 30-day (or 10-day) period expires.
Mont. Code Ann. § 70-25-202 (deadline); § 70-25-201 (deductions); §§ 70-25-203, 70-25-204 (remedies) — verified against the official statute 2026-09-04
Your 30 days started the day you moved out — that clock is running right now whether or not your landlord acts.
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Used by renters in 3 states — 15 people in the past two weeks found out exactly what they're owed this way.
We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.
Pay once. We handle the rest.
One case, one price — the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything.
| Option | Price | Effort | Follow-up |
|---|---|---|---|
| Do it yourself | — | All of it | You chase |
| TenantNex | $39 | Done for you | We chase |
| Small-claims services | $149–448 | — | — |
| Hire an attorney | $300–2,000+ | — | — |
An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.
Recover
We run your claim until you are paid — or you are ready to file.
- Step 1 — certified demand letter citing your state statute, deadline and penalty
- Mailed USPS Certified with return receipt, tracked to your landlord’s door
- Step 2 — day-14 notice of intent to file, the one most landlords act on
- Step 3 — your small-claims packet: the right form for your county, filled in
- Where to file, what it costs, and how to serve your landlord
- Evidence checklist, with your certified receipt as Exhibit A
- Counter-response letter if your landlord disputes or underpays
- Attorney referral if it is still unresolved after 21 days
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What TenantNex is — and isn't
TenantNex is not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.