How Long Does a Landlord Have to Return a Deposit in Montana?
In Montana, a landlord has 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) to return a security deposit. The deadline is measured from this trigger: 10 calendar days (after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities): after termination / inspection path with no charges; 30 calendar days (ordinary path when deductions or itemized list of rent/damage/cleaning charges apply): subsequent to the termination of a tenancy or subsequent to surrender and acceptance of the leasehold premises, whichever occurs first. The verified penalty formula is 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) under Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203).
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 |
|---|---|
| Deadline (branch 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 |
| Statute citation | Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203) |
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
Read the deadline, trigger, and penalty together. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203).
FAQ
Does Billings have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Montana law and local rules.
What happens if a landlord misses the Montana deposit deadline?
The verified penalty formula is 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) under Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203). Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 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). The deadline trigger is 10 calendar days (after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities): after termination / inspection path with no charges; 30 calendar days (ordinary path when deductions or itemized list of rent/damage/cleaning charges apply): subsequent to the termination of a tenancy or subsequent to surrender and acceptance of the leasehold premises, whichever occurs first. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified Montana deadline.
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.