Montana Security Deposit Law: Deadlines, Penalties & How to Get Your Deposit Back
Montana gives a landlord 30 days (30 days (10 days if there are no deductions)) to return your security deposit or send an itemized statement of deductions, under Mont. Code § 70-25-202. If that window has passed and you haven’t been paid, you have leverage — here’s exactly what the statute says and how to act on it.
Montana security-deposit law at a glance
- Deadline to return / itemize
- 30 days
- 30 days (10 days if there are no deductions)
- Bad-faith penalty exposure
- Statutory
- a court may award if it finds bad faith
- Itemization required?
- Yes
- missing the deadline can forfeit the right to withhold
- Attorney’s fees recoverable?
- Not separately
- under Mont. Code § 70-25-202
How long does a Montana landlord have?
Under Mont. Code § 70-25-202, a Montana landlord has 30 days (30 days (10 days if there are no deductions)) after your tenancy ends to return your deposit or provide an itemized statement of any deductions. Montana requires that itemized statement when the landlord keeps any part of the deposit. Count from the day the tenancy ended. If the deadline has passed and you haven’t been paid or itemized, your landlord is late — and that’s the leverage your demand letter is built on.
What penalty can a Montana landlord face?
A landlord who keeps a deposit improperly may face the statutory consequences below. Specifically, under Mont. Code § 70-25-202, Montana law lets a tenant seek the right to retain any of the deposit, which the landlord forfeits by missing the deadline.
Important: any penalty is something a court may award if it finds the landlord acted in bad faith — it is never automatic, and you would still need to make that case. Attorney's fees are not separately recoverable under this statute.
How to get your deposit back in Montana
- 1. Send a written demand. Put the deadline your landlord missed and the statute (Mont. Code § 70-25-202) in writing, by certified mail with return receipt, so you have proof of the date they received it.
- 2. Keep your records. Move-out photos, the walkthrough checklist, your lease, and proof you gave a forwarding address are your evidence if the landlord disputes the claim.
- 3. If they don’t pay, file in small claims. You can ask a Montana small claims court to order the deposit returned, and — under Mont. Code § 70-25-202 — to seek the right to retain any of the deposit, which the landlord forfeits by missing the deadline, which the court may award if you prove your case. The small-claims dollar limit varies by court within the state, so check your county’s limit before filing.
Generate your Montana demand letter
Run the free leverage check — enter your deposit and how long it’s been, and we’ll show you exactly how many days past Montana’s 30-day deadline your landlord is and the penalty exposure under Mont. Code § 70-25-202. Then, for a flat $39, get a firm, statute-cited demand letter you send yourself plus a Montana small-claims escalation roadmap. You keep 100% of whatever you recover.
Montana security deposit FAQ
- How long does a landlord have to return a security deposit in Montana?
- Montana law gives a landlord 30 days (30 days (10 days if there are no deductions)) to return the deposit or send an itemized statement of any deductions, under Mont. Code § 70-25-202. Count from the day your tenancy ended; if that window has passed and you haven't been paid or itemized, your landlord is late.
- What penalty can a Montana landlord face for wrongfully keeping a deposit?
- Under Mont. Code § 70-25-202, the right to retain any of the deposit, which the landlord forfeits by missing the deadline. Any penalty is something a court may award if it finds bad faith — never automatic — and attorney's fees are not separately recoverable under this statute.
- Does my Montana landlord have to itemize deductions?
- Yes. Under Mont. Code § 70-25-202, a Montana landlord must provide an itemized statement of any deductions within the return window. Missing the deadline can forfeit the landlord's right to keep any of the deposit.
- Can I take my Montana landlord to small claims court over my deposit?
- Yes. If your landlord won't return the deposit after a written demand, you can file in Montana small claims court (small-claims dollar limits vary by court within the state). There you can ask the court to order the deposit returned, and — under Mont. Code § 70-25-202 — to seek the right to retain any of the deposit, which the landlord forfeits by missing the deadline, which the court may award if you prove your case. Small claims is designed to be navigated without a lawyer.
Sources
The Montana facts on this page are drawn from Mont. Code § 70-25-202 and the references below. Always confirm the current text of the statute for your situation.