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Montana Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In Montana, a security deposit claim is heard by Justice Court or City Court (small claims); the court for your county is listed below. The comparable deposit claim limit is $7,000. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtJustice Court or City Court (small claims) · Court source
Listed limits and jurisdictions$7,000 (Justice Court / City Court small claims only)
Comparable deposit claim limit$7,000
Time limit to sue, from state data8 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing0 yes, 0 no, 61 unverified among 61 listed counties
State deposit return deadline
  • 10 calendar days after termination / inspection path with no charges. Applies when: after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities.
  • 30 calendar days after subsequent to the termination of a tenancy or subsequent to surrender and acceptance of the leasehold premises, whichever occurs first. Applies when: ordinary path when deductions or itemized list of rent/damage/cleaning charges apply.
Deposit statuteMont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

Enter the amount you would ask the court to award.

The comparable claim limit ranks 15 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

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Details of the return rules
Montana statutory deadlines
When it appliesDeadlineStarts from
after inspection there are no damages, no cleaning required, no unpaid rent, and tenant demonstrates no unpaid utilities10 daysafter termination / inspection path with no charges
ordinary path when deductions or itemized list of rent/damage/cleaning charges apply30 dayssubsequent 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.

Free Montana template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

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].

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the Montana Secretary of State. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P2, found in 10 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

Statute says

Any landlord who fails to provide the departing tenant with a written list of damage and cleaning charges as required by 70-25-202 shall forfeit all rights to withhold any portion of the security deposit for the damages or cleaning charges.

Mont. Code Ann. §§ 70-25-201 to 70-25-206 (esp. §§ 70-25-202, 70-25-203)

What this means

Tenant resources

FAQ

Which court handles a security deposit claim in Montana?

Justice Court or City Court (small claims). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in Montana?

The comparable general deposit claim limit is $7,000. Check the court and claim type that applies.

What is the return deadline in Montana?

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)

What's next?