✓ Law Verified June 2026
This guide explains montana security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from Montana law, verified as of June 2026.
In This Montana Guide:
Montana Security Deposit Rules at a Glance
| Maximum deposit | No statutory limit. Montana does not cap the amount a landlord may charge as a security deposit. Market convention is typically 1-2 months rent, but there is no legal maximum. |
| Return deadline | 10 days if no deductions apply (no damages, no unpaid rent, no cleaning, no unpaid utilities). 30 days if the landlord is making any deductions. Both deadlines run from termination of tenancy or surrender and acceptance of the premises, whichever is first. (MCA 70-25-202) |
| Itemized deductions required | YES. The landlord must provide a written itemized list of all deductions along with the remaining balance. If the landlord fails to provide this itemized list within 30 days, the landlord forfeits all rights to withhold any portion of the deposit. (MCA 70-25-202, 70-25-203) |
| Interest on deposit required | NO. Montana law does not require landlords to pay interest on security deposits. MCA Title 70 Chapter 25 is silent on interest. |
| Penalty for late/bad-faith return | If the landlord fails to provide the written itemized list within 30 days, the landlord forfeits all rights to withhold any portion of the deposit and must return the full amount. (MCA 70-25-203) A landlord who wrongfully withholds a deposit is liable for the amount wrongfully withheld, and the court may award attorney fees to the prevailing party. (MCA 70-25-204) |
Move-in/move-out walkthrough: Not automatically required, but either party may request an inspection of the premises within 1 week before the tenancy ends. If requested by the tenant, it must be granted. Tenants should always request this inspection in writing to document the condition of the unit. (MCA 70-25-201(2))
Separate deposit account: NO. Montana does not require landlords to hold security deposits in a separate account. There is no prohibition against commingling deposits with the landlord’s personal funds.
What Your Landlord Can and Cannot Deduct in Montana
Under MCA 70-25-201, a Montana landlord may deduct only: (1) damage caused by the tenant beyond normal wear and tear, (2) unpaid rent, (3) late charges, (4) unpaid utilities, (5) penalties due under lease provisions, (6) other money owed to the landlord at the time of deduction, and (7) actual cleaning expenses including a reasonable charge for the landlord’s labor.
Cleaning charges may not be imposed for normal cyclical maintenance unless the landlord was forced to perform it due to tenant negligence. Before deducting cleaning costs, the landlord must give written notice and the tenant has 24 hours to complete the cleaning (unless the tenant vacated without notice).
Normal wear and tear vs damage: Montana does not have a statutory definition of normal wear and tear. In practice, normal wear and tear includes minor scuffs on walls, faded paint, small nail holes, and carpet worn from ordinary foot traffic.
Tenant damage includes holes in walls, stained or burned carpet, broken fixtures, excessive filth, and unauthorized modifications. The burden of proof is on the landlord to show that damage was caused by the tenant. (MCA 70-25-204)
How to Get Your Deposit Back in Montana
(1) Send a written demand letter to the landlord citing MCA 70-25-201 through 70-25-204 and requesting return of the deposit or a proper itemized statement. (2) Wait for the statutory deadline to pass (30 days after tenancy termination, or 10 days if no deductions). (3) File a claim in Montana Justice Court (small claims division), which handles claims up to 7000.
Bring the lease, proof of deposit payment, move-in/move-out photos, and any inspection records. The burden of proof is on the landlord to show damages were caused by the tenant. The court may award attorney fees to the prevailing tenant.
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Other Montana deposit rules: (1) Move-in condition statement required: Any landlord who collects a security deposit must furnish a separate written statement of the condition of the premises at the start of the tenancy. If the landlord fails to provide this statement and also fails to provide a written list of damages from the prior tenant upon written request, the landlord is barred from recovering any sum for damage or cleaning unless they can prove damage by clear and convincing evidence — a higher legal standard than usual.
(MCA 70-25-206) (2) 24-hour cleaning cure: Before deducting cleaning charges, the landlord must give written notice and the tenant has 24 hours to complete the cleaning themselves.
If mailed by certified mail, service is considered made 3 days after mailing. A tenant who vacates without notice waives this right. (MCA 70-25-201(3)) (3) Mailing safe harbor: If the landlord mails the refund to the tenant’s last known address and the tenant does not receive it because they failed to provide a forwarding address, this is not wrongful withholding — but the landlord still owes the money.
(MCA 70-25-202, 70-25-205)
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Renters insurance protects your belongings for a few dollars a month.
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Official Montana Sources & Resources
- Montana Attorney General: https://dojmt.gov/consumer/landlord-and-tenant-information/
- Montana Security Deposit Statute: https://leg.mt.gov/bills/mca/title_0700/chapter_0250/parts_index.html
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding Montana Security Deposit Law
Your Montana security deposit is your money until the landlord proves a lawful deduction. Montana security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the Montana security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.
Document the condition of your unit at move-in and move-out — photos are the best protection for your Montana security deposit.
This Montana security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.