Montana Security Deposit: Your Deadline and Next Step
In Montana, a landlord has 30 days after the required dates below to return a security deposit or send an itemized list (Mont. Code Ann. §§ 70-25-201 to 70-25-206). Most states allow 30 days; Montana is the same.
Last checked 2026-07-14
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Details of the return rules
In Montana, the landlord must return the deposit within 10 calendar days (after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities) or 30 calendar days (ordinary path when deductions or itemized list of rent/damage/cleaning charges apply).
| When it applies | Deadline | Starts from |
|---|---|---|
| after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities | 10 days | after termination / inspection path with no charges |
| ordinary path when deductions or itemized list of rent/damage/cleaning charges apply | 30 days | subsequent to the termination of a tenancy or subsequent to surrender and acceptance of the leasehold premises, whichever occurs first |
Montana return rule: 10 calendar days (after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities). Check the dates you entered above.
Key facts
| Deadline | 10 calendar days (after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities); trigger: after termination / inspection path with no charges |
|---|---|
| Additional deadline 2 | 30 calendar days (ordinary path when deductions or itemized list of rent/damage/cleaning charges apply); trigger: subsequent to the termination of a tenancy or subsequent to surrender and acceptance of the leasehold premises, whichever occurs first |
| Penalty formula | failure to provide the required written list of damage and cleaning charges: landlord forfeits all rights to withhold any portion of the security deposit for damages or cleaning charges (MCA 70-25-203) |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statutory cap in MCA Chapter 70-25. |
| Forwarding address required | No |
| Small claims limit | $7,000 (Justice Court / City Court small claims) in Justice Court or City Court (small claims) |
| Statute citation | Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203) |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in Montana?
Montana law names a specific rule for 2 of 6 common charges (cleaning and unpaid rent and fees). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Yes | A landlord may deduct a sum for actual cleaning expenses, including a reasonable charge for the landlord’s labor. Cleaning expenses means the actual and necessary… | Mont. Code Ann. §§ 70-25-101(1), 70-25-201 |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203) |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203) |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203) |
| Pet damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203) |
| Unpaid rent and fees | Yes | The landlord may deduct unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing at the time of deduction. | Mont. Code Ann. § 70-25-201(1) |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims court in Montana hears claims up to $7,000. You can ask for up to $7,000 there, or file for the full amount in Justice Court or City Court (small claims). Check the court and fees.
The state record lists a 8-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Yellowstone | Yellowstone County Justice Court, Billings | $7,000 | Statewide filing fee: Confirm current filing and service fees with the justice court clerk. | Not verified | Official court website Court page check not recorded |
| Missoula | Missoula County Justice Court, Missoula | $7,000 | Statewide filing fee: Confirm current filing and service fees with the justice court clerk. | Not verified | Official court website Court page check not recorded |
| Gallatin | Gallatin County Justice Court, Bozeman | $7,000 | Statewide filing fee: Confirm current filing and service fees with the justice court clerk. | Not verified | Official court website Court page check not recorded |
See all 61 county small claims courts and filing fees
What happens if the landlord misses the deadline?
failure to provide the required written list of damage and cleaning charges: landlord forfeits all rights to withhold any portion of the security deposit for damages or cleaning charges (MCA 70-25-203) Keep statutory damages separate from the deposit and other actual damages.
Montana is one of 10 states where the law names another remedy, such as forfeiture, fees, or damages.
How does Montana's deadline compare with other states?
Montana's return deadline is 10 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the Montana deadline?
Use the questions above to match your dates to Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203), and keep proof of each date.
What is the small claims limit in Montana?
See the applicable court limits and jurisdictions in the state court guide. Montana court guide
City data on this page currently includes Billings, Missoula, Great Falls, Bozeman, Butte, Helena, Kalispell, Belgrade.
Tenant resources
- Montana Legal Services Associationlegal aid
- MontanaLawHelp.orglegal aid
- Montana Department of Justice Office of Consumer Protectionag consumer, 800-481-6896
- Montana Court Help Programcourt self help
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges... Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges... If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days.
What this means
Sources
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0020/0700-0250-0020-0020.html · accessed 2026-07-14
- https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0030/0700-0250-0020-0030.html · accessed 2026-07-14
- https://www.montanalawhelp.org/resource/how-protect-your-security-deposit-faq · accessed 2026-07-14
- https://courts.mt.gov/courts/lcourt · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6