Montana security deposit law

Security Deposit Laws in Montana: What Your Landlord Can and Cannot Keep

Your landlord has 30 days under Montana law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

See what you're owed — free →Start my case
Statutes verified against official sources
USPS Certified Mail with return receipt
Every letter reviewed before it mails

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. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 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. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

Recover $35 · Dispute $49 — one flat fee, no subscription.

See what your landlord can legally keep →

Montana tenant rights resources

Every fact on this page is verified against Montana's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Montana.

Pay once. We handle the rest.

Both tiers include the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything — one case, one price.

You pay onceWe prepare & review your letterUSPS Certified to your landlordYou track it to their door
Most tenants choose this

Recover

$35one time — no subscription

We prepare it and mail it for you.

  • Demand letter citing your state statute, deadline, and penalty
  • Mailed to your landlord via USPS Certified Mail with return receipt
  • USPS tracking number on your case page
  • Delivery confirmation the moment your landlord receives it
  • Day-7 and day-14 follow-up with your next steps
Start for $35

Dispute

$49one time — no subscription

We prepare, mail, and respond.

  • Everything in Recover
  • Counter-response letter if your landlord disputes or underpays
  • Attorney referral if unresolved after 21 days
  • Priority review — your letter goes out first
Start for $49
See the full deposit demand letter guide →

What TenantNex is — and isn't

TenantNex is a document preparation and delivery service, 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.