How long does a landlord in Montana have to return a security deposit?
The number forks on whether the landlord is claiming anything. The general deadline is thirty calendar days after termination of the tenancy or after surrender and acceptance of the premises, whichever happens first, and the landlord must deliver a written list of any rent due and any damage and cleaning charges together with payment of the balance. But if after inspection there are no damages, no cleaning required and no unpaid rent, and the tenant can demonstrate that no utilities are unpaid, the landlord must return the whole deposit within ten calendar days. The clock is not conditioned on a forwarding address: § 70-25-205 says a departing tenant's failure to give a written new address does not bar recovery, and § 70-25-202(1)(c) says mailing to the last-known address is not a wrongful withholding although the landlord stays liable for the amount due.
In plain terms, the statute says
Under § 70-25-204 a person who wrongfully withholds a residential security deposit or any portion of it is liable to the tenant in a civil action for an amount equal to the sum found to have been wrongfully withheld or deducted — a single amount rather than any multiple — with attorney fees available to the prevailing party at the court's discretion, no requirement of bad faith or willfulness, and the burden of proving tenant-caused damage on the landlord. Separately, under § 70-25-203 a landlord who fails to give the departing tenant the written list of damage and cleaning charges required by § 70-25-202 forfeits all right to withhold any portion of the deposit for those damages or charges.
Who this covers
Section 70-25-102 applies the chapter to all rentals of dwellings subject to Title 70, chapter 24 (the Residential Landlord and Tenant Act) or Title 70, chapter 33 (mobile home lot rentals), so the exclusions in those chapters carry over. Section 70-25-202 itself then switches off entirely where the rental agreement was terminated under § 70-24-427 or § 70-33-427 and the landlord has a claim pending in court.
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Questions people ask
How long does a landlord in Montana have to return a security deposit?
The number forks on whether the landlord is claiming anything. The general deadline is thirty calendar days after termination of the tenancy or after surrender and acceptance of the premises, whichever happens first, and the landlord must deliver a written list of any rent due and any damage and cleaning charges together with payment of the balance. But if after inspection there are no damages, no cleaning required and no unpaid rent, and the tenant can demonstrate that no utilities are unpaid, the landlord must return the whole deposit within ten calendar days. The clock is not conditioned on a forwarding address: § 70-25-205 says a departing tenant's failure to give a written new address does not bar recovery, and § 70-25-202(1)(c) says mailing to the last-known address is not a wrongful withholding although the landlord stays liable for the amount due.
Who does Montana's security-deposit law cover?
Section 70-25-102 applies the chapter to all rentals of dwellings subject to Title 70, chapter 24 (the Residential Landlord and Tenant Act) or Title 70, chapter 33 (mobile home lot rentals), so the exclusions in those chapters carry over. Section 70-25-202 itself then switches off entirely where the rental agreement was terminated under § 70-24-427 or § 70-33-427 and the landlord has a claim pending in court.
What happens if a landlord in Montana is late?
Under § 70-25-204 a person who wrongfully withholds a residential security deposit or any portion of it is liable to the tenant in a civil action for an amount equal to the sum found to have been wrongfully withheld or deducted — a single amount rather than any multiple — with attorney fees available to the prevailing party at the court's discretion, no requirement of bad faith or willfulness, and the burden of proving tenant-caused damage on the landlord. Separately, under § 70-25-203 a landlord who fails to give the departing tenant the written list of damage and cleaning charges required by § 70-25-202 forfeits all right to withhold any portion of the deposit for those damages or charges.
Where can I read Montana's security-deposit law?
Montana's rule is in Mont. Code Ann. § 70-25-202. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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