Security Deposit Laws in Montana
How long does a landlord have to return a security deposit in Montana?
Under Mont. Code §§ 70-25-101 to 70-25-206, a landlord in Montana has 30 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.
Important Montana-specific details
Tiered deadline: 10 days if no damages, cleaning, unpaid rent, or unpaid utilities; 30 days if any deductions are claimed. Before deducting for cleaning, landlord must give tenant a written list of required cleaning tasks and 24 hours to complete them. Move-in written condition statement required. No statutory deposit cap.
What happens if the landlord misses the deadline in Montana?
Missing the deadline has real consequences for landlords in Montana. Under the statute, the penalty is: If landlord fails to provide the itemized list or return deposit on time, landlord forfeits all withholding rights. Tenant may recover the amount wrongfully withheld plus an equal amount as penalty plus reasonable attorney's fees.
In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 30 days, you likely have a strong case in small claims court.
What can the landlord legally deduct from your deposit in Montana?
Montana law generally allows landlords to deduct for:
- Unpaid rent
- Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
- Cleaning costs, if the unit is left noticeably dirtier than at move-in
- Breach-of-lease costs, such as early termination fees where legally permitted
Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.
Calculator: check your deposit situation
Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.
Security Deposit Return Calculator
Find out when your landlord must return your deposit and what they're legally allowed to deduct.
What to do if your landlord won't return your deposit in Montana
- Send a demand letter by certified mail. Cite Mont. Code §§ 70-25-101 to 70-25-206 and the amount owed. Keep a copy and the delivery receipt.
- Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
- File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
- Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.
For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.
Montana Security Deposit FAQ
- How long does a landlord have to return a security deposit in Montana?
- In Montana, landlords must return the security deposit within 30 days of the tenant moving out, per Mont. Code §§ 70-25-101 to 70-25-206. They must either return the full deposit or provide an itemized statement of any deductions.
- What is the maximum security deposit a landlord can charge in Montana?
- Montana does not have a statutory cap on security deposits. Landlords can charge any amount, though market norms typically keep deposits to 1-2 months' rent.
- What happens if my landlord doesn't return my deposit on time in Montana?
- In Montana, the penalty for wrongfully withholding a security deposit is: If landlord fails to provide the itemized list or return deposit on time, landlord forfeits all withholding rights. Tenant may recover the amount wrongfully withheld plus an equal amount as penalty plus reasonable attorney's fees. You can sue in small claims court to recover the deposit plus the statutory penalty.
- Does my landlord in Montana have to pay interest on my security deposit?
- No. Montana does not require landlords to pay interest on security deposits.
- Does my landlord have to itemize deductions from my deposit in Montana?
- Yes. Montana law requires landlords to provide an itemized statement of any deductions made from your security deposit.