Montana security deposit laws: 10 days with no charges, 30 days to list them and forfeiture if you do not
Montana's deposit chapter turns on a written list. Under MCA 70-25-202 the landlord has 30 days to send a list of damage and cleaning charges, or 10 days to return the deposit if there are none. Under 70-25-203 a landlord who fails to provide the list forfeits all rights to withhold for damages or cleaning.
What is a deposit in Montana?
MCA 70-25-101(4) defines it as value given, in money or its equivalent, to secure the tenant's rent payments or payment for damage to and cleaning of the premises. Two presumptions apply: any deposit a landlord requires for all or part of the lease term is presumed to be a security deposit, and a fee or charge for cleaning and damages is presumed to be a security deposit regardless of its label.
What are the 10-day and 30-day rules?
The landlord has 30 days after the tenancy ends or the premises are surrendered and accepted, whichever comes first, to send the tenant a written list of any rent due and any damage and cleaning charges claimed, accompanied by payment of the difference between the deposit and the permitted charges. If there are no damages, cleaning charges, unpaid rent or unpaid utilities, the landlord must return the deposit within 10 days.
Example a made-up landlord in Missoula finds the unit spotless and rent paid. The deposit of $1,100 goes back within 10 days. If the tenant had left it dirty, the landlord would have 30 days to send a written list of cleaning charges with the balance.
What can be deducted, and on what conditions?
Under 70-25-201, a landlord may deduct damage the tenant caused, unpaid rent, late charges, utilities, lease-provision penalties and other money owed, and actual cleaning expenses including a reasonable charge for the landlord's labor. Conditions apply:
- At either party's request, the premises may be inspected within one week before the tenancy ends.
- Cleaning charges cannot be imposed for normal cyclical maintenance unless the tenant's negligence forced it.
- Cleaning charges cannot be deducted until written notice, which must include the cleaning not accomplished by the tenant. After that notice the tenant has 24 hours to complete the cleaning, with exceptions.
- If the tenant leaves without notice, the landlord may deduct cleaning charges without the written notice, or leave a copy in a conspicuous place in the unit and notify the tenant by email, phone or text.
What if the list is not sent?
Under 70-25-203, a landlord who fails to give the list as required "shall forfeit all rights to withhold any portion of the security deposit for the damages or cleaning charges." That is the strongest reason to calendar the 30 days. Mailing funds to the tenant's last-known address is not wrongful withholding if the tenant does not get them, but the landlord stays liable for the amount owed.
What happens if a deposit is wrongfully withheld?
Under 70-25-204, a tenant may not sue until one of these occurs: a written denial of the amount claimed, 30 days after the tenancy ends, 30 days after surrender and acceptance, or 10 days after the landlord indicates there were no damages, no cleaning required and no unpaid rent or utilities. A landlord who wrongfully withholds is liable in damages for an amount equal to the sum determined to have been wrongfully withheld or deducted, and bears the burden of proving damages the tenant caused. Attorney fees may be awarded to the prevailing party at the court's discretion.
How DoorKeeping fits in Montana
DoorKeeping records each Montana deposit against the lease, counts down to the return deadline and drafts the itemized statement for you to approve. A move-out checklist with photos produces the written list of damage and cleaning charges the statute depends on. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How long does a Montana landlord have to return a deposit?
- 10 days if there are no damages, cleaning charges, or unpaid rent or utilities. Otherwise 30 days to send a written list and the balance (MCA 70-25-202).
- What if a Montana landlord does not send the list?
- The landlord forfeits all rights to withhold any portion of the deposit for damages or cleaning charges (MCA 70-25-203).
- Are attorney fees available in a Montana deposit case?
- They may be awarded to the prevailing party at the court's discretion.