Montana security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Mont. Code § 70-25-202, a landlord in Montana must return your security deposit — together with any required written itemization of deductions — within 30 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

10 days if the inspection shows no damage, no cleaning needed, and no unpaid rent or utilities. Montana law provides no damages multiplier for this claim.

What it costs your landlord

Under Mont. Code §§ 70-25-203, 70-25-204, a landlord who wrongfully withholds a deposit in Montana may be liable for forfeiture of the right to withhold where no itemized list was provided, and liability for the amount wrongfully withheld plus attorney's fees at the court's discretion. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Montana

Unpaid rent, plus damage and cleaning charges — ordinary wear and tear excepted.

Mont. Code § 70-25-201

Ordinary wear and tear

Montana excepts ordinary wear and tear and requires damage and cleaning charges to be listed separately from rent owed.

“ordinary wear and tear”

What a compliant itemization has to contain

A written list of the rent due plus the damage and cleaning charges, delivered within 30 days.

Read it yourself: Mont. Code § 70-25-201

How to get your deposit back in Montana

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Montana that's 30 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Mont. Code § 70-25-202, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

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

Under Mont. Code § 70-25-202, a Montana landlord has 30 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Montana?

Under Mont. Code §§ 70-25-203, 70-25-204, a landlord who wrongfully withholds may be liable for forfeiture of the right to withhold where no itemized list was provided, and liability for the amount wrongfully withheld plus attorney's fees at the court's discretion.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.