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Montana security deposit: 30 days to get it back

If keeping any part of the deposit, the landlord must give the tenant a written list of unpaid rent, damage and cleaning charges within 30 days after the tenancy ends (or the premises are surrendered and accepted, whichever comes first), and pay any difference then. If there is no damage, cleaning, unpaid rent or unpaid utilities, the deposit is due within 10 days.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in Mont. Code Ann. §§ 70-25-201 to 70-25-204, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement
A written list of unpaid rent and damage and cleaning charges. Cleaning deductions require written notice of what the tenant must clean, and the tenant generally gets 24 hours to do it; routine maintenance noted at move-in is not chargeable unless tenant negligence caused it. The landlord must prove damage caused by the tenant. No receipt threshold found.
Forwarding address
Not a condition. The tenant should give a new address in writing, but failing to do so does not bar recovery of money the landlord owes (§ 70-25-205); refunds go to the new address, or the last-known address if none.
If the landlord breaks the rules
A landlord who wrongfully withholds a deposit or any part of it is liable in a civil action for the amount wrongfully withheld or deducted; the court may award attorney fees to the prevailing party. The tenant generally must wait for a written denial, 30 days after the tenancy ends, or 10 days in a no-deduction case, before suing.
Loss of the right to deduct
Yes. A landlord who fails to give the required written list forfeits all rights to withhold any part of the deposit for the damage or cleaning charges that should have been listed (§ 70-25-203).
Deposit cap
No statutory cap found. § 70-25-101 treats any required deposit, and any cleaning or damage fee however labeled, as a security deposit but sets no maximum.
Small claims limit
$7,000 in Justice Court (Small Claims)

Recent changes

Sections 70-25-102, -201 and -202 were amended by Ch. 383, L. 2023, and §§ 70-25-201 and -202 by Ch. 656, L. 2025. The statute pages show these only in the history lines, with no description or effective dates; the current text reflects them (e.g., refunds by electronic transfer, cleaning-notice rules). What changed and when each took effect was not verified.

If your landlord misses the deadline

  1. Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
  2. Send a written demand by certified mail, keep the receipt, and cite Mont. Code Ann. §§ 70-25-201 to 70-25-204. Give a date to respond.
  3. If you still aren't paid, file in Justice Court (Small Claims). Deposit claims up to $7,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Montana demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under Mont. Code Ann. §§ 70-25-201 to 70-25-204, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

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

If keeping any part of the deposit, the landlord must give the tenant a written list of unpaid rent, damage and cleaning charges within 30 days after the tenancy ends (or the premises are surrendered and accepted, whichever comes first), and pay any difference then. If there is no damage, cleaning, unpaid rent or unpaid utilities, the deposit is due within 10 days.

What happens if a Montana landlord keeps the deposit wrongfully?

A landlord who wrongfully withholds a deposit or any part of it is liable in a civil action for the amount wrongfully withheld or deducted; the court may award attorney fees to the prevailing party. The tenant generally must wait for a written denial, 30 days after the tenancy ends, or 10 days in a no-deduction case, before suing. Yes. A landlord who fails to give the required written list forfeits all rights to withhold any part of the deposit for the damage or cleaning charges that should have been listed (§ 70-25-203).

Do I have to give my Montana landlord a forwarding address?

Not a condition. The tenant should give a new address in writing, but failing to do so does not bar recovery of money the landlord owes (§ 70-25-205); refunds go to the new address, or the last-known address if none.

Where do I sue for my deposit in Montana?

Deposit claims up to $7,000 can be filed in Justice Court (Small Claims). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.