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Montana Security Deposit Law, in Plain English

Montana's deposit chapter is built around one document: a written statement of the unit's condition, signed by the landlord and handed over with the lease. A landlord who skips it faces the highest evidentiary bar in landlord-tenant law — clear and convincing proof — before charging a dime for damage. Around that sit a 24-hour cleaning notice, a 30-day list (10 days if nothing's owed), and forfeiture for silence. Here's how MCA §§ 70-25-201 through 70-25-206 actually work, for both sides of the lease.

30 / 10 daysA written list of charges with payment of the difference within 30 days — or the full deposit within 10 if nothing is owed
No capMontana sets no limit on deposit size and requires no interest
1 signed statementThe landlord's written statement of the unit's present condition, furnished with the lease (§ 70-25-206)
24 hoursThe tenant's window to do cleaning after the landlord's written cleaning notice
Clear and convincingThe proof a landlord without a statement of condition needs before charging for damage

No cap, no interest — the chapter is about paper, not dollars

Montana sets no limit on deposit size, requires no interest, and has no separate-account rule. Every protection in Chapter 25 concerns how the landlord documents the unit and accounts for the money.

With the lease: a signed statement of what the unit looks like now

Any landlord who requires a deposit must furnish the tenant, in conjunction with signing the lease, a separate written statement of the present condition of the premises (§ 70-25-206). It must be clear and concise, cover conditions the landlord knew of or should have known on reasonable inspection, note if the unit has never been rented before, and carry the signature of the landlord or agent. On the tenant's written request, the landlord must also hand over the damage and cleaning list given to the previous tenant — a useful way to learn what the last tenant was charged for.

The consequence for skipping it is severe. A landlord who fails to furnish the statement is barred from recovering any sum for damage or cleaning unless the landlord can establish by clear and convincing evidence that the damage occurred during this tenancy and was caused by the tenant or the tenant's family, licensees, or invitees. That's a higher standard than the preponderance rule in ordinary civil cases — and in practice it means a landlord without a move-in record rarely collects.

Montana makes the statement of condition the landlord's shield — and the tenant's baseline. Make it photographic.

PropInspect walks you room by room — photos, 60-second video clips, and tagged notes attached to each room. Share the finished report as a link the other party can view without an account, or download it as a PDF to attach to the statement of condition or the 30-day list. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.

Montana law requires landlords to furnish a written statement of the premises' condition at lease signing. PropInspect helps you capture a dated, room-by-room record to accompany it. PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Montana law or a particular result in a deposit dispute.

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Damage, money owed, and cleaning — but cleaning only after written notice

The landlord may deduct the damage alleged to have been caused by the tenant; unpaid rent, late charges, utilities, lease penalties, and other money owing; and actual cleaning expenses, including a reasonable charge for the landlord's own labor. Nothing may be deducted for normal wear and tear (§ 70-25-201(4)).

Cleaning requires written notice and gives the tenant 24 hours

No cleaning charge may be imposed for cyclical maintenance the landlord does anyway, unless the tenant's negligence forced it. And no cleaning may be deducted until the landlord has given the tenant written notice listing the cleaning not accomplished and what's needed to restore the premises — after which the tenant has 24 hours to do it. Certified-mail notice counts as served three days after mailing. A tenant who vacates without notice loses that opportunity.

Either party may also request an inspection within one week before the tenancy ends — a chance to settle the list while both parties are still in the room.

After move-out: 30 days for the list — 10 days if there's nothing to list

Within 30 days after termination of the tenancy or surrender and acceptance of the premises — whichever occurs first — the landlord must provide a written list of rent due and damage and cleaning charges, brought only after the required steps were followed, together with payment of the difference. Refunds may be made by electronic transfer, cash, check, or by mail to the tenant's new address or, absent one, the last-known address.

If after inspection there is no damage, no cleaning required, no unpaid rent, and no unpaid utilities, the full deposit is due within 10 days.

A tenant who leaves no new address doesn't turn a mailed refund into a wrongful withholding — but the landlord stays liable for the amount. Leave the address anyway.

When it goes wrong: forfeiture, the burden on the landlord, and fees at the court's discretion

A landlord who fails to provide the written list of damage and cleaning charges forfeits all rights to withhold any portion of the deposit for those charges (§ 70-25-203).

A landlord who wrongfully withholds is liable for the sum wrongfully withheld, and attorney fees may be awarded to the prevailing party at the court's discretion. In every deposit action, the burden of proving damage caused by the tenant is on the landlord (§ 70-25-204). Montana has no doubling or trebling; its leverage is the forfeiture, the burden of proof, and — for landlords who skipped the statement of condition — the clear-and-convincing bar.

One timing rule: the tenant may not sue until receiving a written denial, or until 30 days after termination or surrender (10 days if the landlord indicated no deductions). Disputes then go to small claims court, usually the justice court's small claims division, for claims up to $7,000. The winning file: the lease, the statement of condition, any cleaning notice, the 30-day list or proof none arrived, and dated room-by-room photos from both ends of the tenancy.

常見問題

How long does a landlord have to return a security deposit in Montana?

Two deadlines. If the landlord is deducting anything, a written list of rent due and damage and cleaning charges — with payment of the difference — is due within 30 days after the tenancy ends or you surrender the unit, whichever comes first. If after inspection there's no damage, no cleaning needed, no unpaid rent, and no unpaid utilities, the full deposit is due within 10 days.

How much can a landlord charge for a security deposit in Montana?

There's no statutory cap, no interest requirement, and no separate-account rule. Montana's protections are about documentation, not amount.

What is Montana's statement of condition?

A separate written statement of the unit's present condition that the landlord must give you when the lease is signed — clear and concise, covering everything the landlord knew or should have found on reasonable inspection, signed by the landlord or agent (§ 70-25-206). You can also request in writing the damage and cleaning list given to the previous tenant. A landlord who skips the statement is barred from charging you for damage or cleaning unless they prove by clear and convincing evidence that you caused it during your tenancy.

Can my landlord charge me for cleaning in Montana?

Only after written notice. The landlord must tell you in writing what cleaning wasn't done and what's needed to restore the unit, and you then have 24 hours to do it yourself. Certified-mail notice counts as served three days after mailing. No cleaning charge may be imposed for routine maintenance the landlord does on a cycle anyway, unless your negligence forced it. Leave without giving notice and you lose the 24-hour opportunity.

What can a landlord deduct from a deposit in Montana?

Damage you caused, unpaid rent, late charges, utilities, lease penalties and other money owed, and actual cleaning expenses — including a reasonable charge for the landlord's own labor — after the cleaning-notice step. Never normal wear and tear.

What happens if the landlord never sends the written list?

The landlord forfeits all rights to withhold any portion of the deposit for damage or cleaning (§ 70-25-203). And in any lawsuit, the burden of proving that you caused damage is on the landlord.

Can I request an inspection before I move out?

Yes. At the request of either party, the premises may be inspected within one week before the tenancy ends (§ 70-25-201(2)). Request it in writing, attend, and photograph what you both see — it turns a surprise deduction into a to-do list.

Where do deposit disputes go in Montana?

Small claims court — usually the justice court's small claims division — for claims up to $7,000, without attorneys unless both sides have one. You can't file until you've received a written denial or 30 days have passed (10 if the landlord said there were no deductions). Bring the lease, the statement of condition, any cleaning notice, the 30-day list or proof none arrived, and dated move-in and move-out photos.

Landlord or tenant, the rule is the same: the record wins arguments you'd rather not have.

Document the move-in today so the move-out is boring. Photos, video, and notes for every room, offline-capable, shareable as a link or PDF. Free to start — no account, no app, no credit card.

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Montana law or a particular result in a deposit dispute.

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