DisputeKit / Montana
How long does a Montana landlord have to return a security deposit?
10 days to return the deposit in full, or 30 days to send an itemized claim. Under Montana Code Annotated § 70-25-202, a landlord must provide a written list of any rent due and any damage and cleaning charges, together with payment of the rest of the security deposit within 30 days. The clock starts when you move out and hand back possession of the unit. If they miss that deadline, they lose the right to deduct for damages.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 30 days run from the end of the tenancy or the landlord's acceptance of the surrendered premises, whichever comes first.
- The 10-day deadline applies only if there is no damage, no cleaning needed and no unpaid rent, and the tenant can show that no utilities are unpaid.
- The landlord may mail the refund to the new address the tenant gave or, if none was given, to the tenant's last-known address, so give the landlord your new address in writing.
- These deadlines do not apply if the rental agreement was terminated under § 70-24-427 or § 70-33-427 and the landlord has a pending claim filed in court.
What Montana law says about deductions and your rights
- A landlord may deduct only for damage caused by the tenant, unpaid rent, late charges, utilities, penalties due under the lease, other money owed, and actual cleaning expenses.
- Cleaning charges cannot be deducted until the landlord gives written notice of the cleaning needed, and the tenant then has 24 hours to do it (unless the tenant left without notice).
- The statute allows recovery of the amount wrongfully withheld; attorney's fees may be awarded to the winning party at the court's discretion. The landlord bears the burden of proving damage caused by the tenant.
- A tenant may not sue until the landlord gives a written denial or the 30-day period (10 days where the landlord indicated no deductions) has passed.
- Either party may request an inspection within 1 week before the tenancy ends.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Montana is $7,000 (small claims divisions of justice and district courts), and the filing fee is Set by each county justice court, typically about $30 plus service costs; check with your local justice court clerk.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline (10 days if the landlord deducts nothing)
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Montana?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Do I need a lawyer?
Not usually. Small claims court in Montana is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.