Montana security deposit law: deadline, deductions and penalties
Quick answer
In Montana, a landlord has 30 days to return the security deposit or send an itemized list of deductions (Mont. Code §§ 70-25-202, 70-25-204). Under Montana law, the tenant can recover the amount wrongfully withheld, and the court may award costs or attorney's fees.
Checked against the statute on October 29, 2026.
30
days for a Montana landlord to return the deposit or itemize deductions
The deadline
With no deductions, the landlord must return the deposit within 10 days. With deductions, the landlord has 30 days after the tenancy ends to send a written list of charges with any refund.
What the landlord must send you
A written list of unpaid rent and damage or cleaning charges, with any refund due.
Penalty for wrongful withholding
A landlord who wrongfully withholds a deposit is liable for the amount wrongfully withheld, and the court may award attorney's fees to the prevailing party (Mont. Code § 70-25-204).
Read the law
Summary checked against the statute on October 29, 2026. Not legal advice; laws change, so confirm with the source before relying on it.
Montana security deposit FAQ
How long does a landlord have to return a security deposit in Montana?
With no deductions, the landlord must return the deposit within 10 days. With deductions, the landlord has 30 days after the tenancy ends to send a written list of charges with any refund.
What must a Montana landlord send when keeping part of the deposit?
A written list of unpaid rent and damage or cleaning charges, with any refund due.
What is the penalty for wrongfully keeping a security deposit in Montana?
A landlord who wrongfully withholds a deposit is liable for the amount wrongfully withheld, and the court may award attorney's fees to the prevailing party (Mont. Code § 70-25-204).
How do I get my security deposit back in Montana?
Give your landlord a forwarding address in writing, wait for the 30 days deadline, then send a demand letter by certified mail that cites Mont. Code §§ 70-25-202, 70-25-204 and sets a payment date. If the landlord still doesn't pay, you can file in small claims court in the county where the rental is located.
Related guides
- How to get your security deposit back from a landlord
- Security deposit demand letter: what to include and how to send it
- Normal wear and tear vs. damage: what a landlord can deduct
- Suing a landlord in small claims court for a security deposit
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