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Montana security deposit law
Short answer: A Montana landlord has 30 days after the tenancy ends to send a written list of rent due and damage and cleaning charges, with the rest of the deposit. If nothing is owed and nothing is damaged, the deposit is due back within 10 days. State law sets no limit on the deposit amount.
| Deadline to return the deposit | 30 days after the tenancy ends or the landlord accepts the keys, whichever is first. Just 10 days if inspection shows no damage, no cleaning needed, no unpaid rent, and the tenant shows no utilities are unpaid. |
|---|---|
| Limit on how much a landlord can charge | No limit in state law. |
| Itemized list of deductions | Yes. A written list of any rent due and any damage and cleaning charges, delivered with payment of the difference. |
| Interest on the deposit | Not required by state law. |
| Penalty if the landlord breaks the rules | A landlord who wrongfully withholds money owes the amount wrongfully withheld, and the court may award attorney's fees to the winner. The landlord has the burden of proving the tenant caused the damage. |
| What the tenant has to do | Give the landlord your new address. Tell the landlord you're moving out; if you leave without notice, the landlord can deduct cleaning charges without first giving you a chance to clean. |
| The law | Montana Code Annotated Title 70, Chapter 25 (Sections 70-25-201 to 70-25-206) |
Official law: Montana Code Annotated Title 70, Chapter 25 (Sections 70-25-201 to 70-25-206). Checked against the statute on 2026-11-04.
Good to know
- Montana requires a move-in condition statement: a landlord who takes a deposit must give a separate signed written statement of the unit's condition at the start of the tenancy. Skipping it bars most damage and cleaning charges later, unless the landlord proves the damage by clear and convincing evidence.
- On written request, the landlord must give the new tenant a copy of the damage and cleaning list from the previous tenant.
- Before deducting for cleaning, the landlord must give written notice of what wasn't cleaned, and the tenant gets 24 hours to do it.
- Either side can ask for an inspection within one week before the tenancy ends.
Tips for landlords
- Do a written move-in inspection and have the tenant sign it. Take dated photos of every room, including inside appliances and closets.
- Collect the tenant's forwarding address in writing at move-out.
- Put the itemized list and the refund in the mail well before the deadline, and keep proof of mailing.
- Normal wear and tear (faded paint, light carpet wear, small nail holes) usually can't be charged. Damage beyond that can.
Tips for tenants
- Take your own dated photos and video on move-in day and move-out day.
- Give your landlord your forwarding address in writing, and keep a copy.
- If the deadline passes, send a written demand letter that cites the law above before going to small claims court.
Common questions
How long does a landlord have to return a security deposit in Montana?
30 days after the tenancy ends or the landlord accepts the keys, whichever is first. Just 10 days if inspection shows no damage, no cleaning needed, no unpaid rent, and the tenant shows no utilities are unpaid.
Is there a limit on security deposits in Montana?
No limit in state law.
Does a landlord in Montana have to itemize deductions?
Yes. A written list of any rent due and any damage and cleaning charges, delivered with payment of the difference.