Montana Security Deposit Deductions
In Montana, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied Montana record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| 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 cost of cleaning not attributable to normal wear brought about by the tenant’s failure to bring the premises to the condition it was at the time of renting. Cleaning charges may not be imposed for cyclical normal maintenance unless forced by the tenant’s negligence, and may not be deducted until written notice giving the tenant 24 hours to complete the cleaning. (Mont. Code Ann. §§ 70-25-101(1), 70-25-201) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)). (Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)). (Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)). (Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)). (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)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | No |
| Rule | A written list of damage and cleaning charges is required (70-25-202). Failure to provide the list forfeits all rights to withhold any portion for damages or cleaning (70-25-203). A tenant action for wrongful withholding generally may not be maintained before expiration of a 30-day period after termination or surrender and acceptance (70-25-204). Receipts are not required. |
| Citation | Mont. Code Ann. §§ 70-25-202, 70-25-203, 70-25-204 |
Burden of proof
The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord. Mont. Code Ann. § 70-25-204(1).
Statute says
A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges,
What this means
Source accessed: .
If it was deducted anyway
Use the Montana demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Montana template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Montana law (Mont. Code Ann. §§ 70-25-201 to 70-25-206), a landlord must return the deposit or respond in writing within [10 calendar days / 30 calendar days, see the note above] after [the event listed in the note above].
FAQ
What security deposit deductions are allowed in Montana?
Only the uses in the supplied Montana record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Montana landlord have to itemize deductions?
Yes. A written list of damage and cleaning charges is required (70-25-202). Failure to provide the list forfeits all rights to withhold any portion for damages or cleaning (70-25-203). A tenant action for wrongful withholding generally may not be maintained before expiration of a 30-day period after termination or surrender and acceptance (70-25-204). Receipts are not required.
Who has the burden of proof for a Montana deduction?
The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord. Mont. Code Ann. § 70-25-204(1).