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Montana Statewide Rule

Montana Security Deposit Law: No Cap, 10/30-Day Return

Some RestrictionsApplies statewide across Montana (2026)

Key Facts

Deposit cap
No statutory limit
Return deadline
10 days if no deductions; 30 days if damage/cleaning charges deducted
Itemized statement
Required: written list of damage and cleaning charges; failure forfeits withholding rights
Statute
Mont. Code Ann. §§ 70-25-201 to -206
Penalty
Liability for sum wrongfully withheld plus attorney fees (§ 70-25-204)
Last verified: August 20, 2026

Summary

Montana sets no statutory limit on the size of a residential security deposit. Under Mont. Code Ann. § 70-25-202, a landlord must return the deposit within 10 days when there are no deductions, or deliver a written itemized list of damage and cleaning charges plus any refund within 30 days when deductions are taken.

70-25-201 . Security deposit -- deductions authorized therefrom. (1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under 70-24-441 (3), and a sum for actual cleaning expenses, including a reasonable charge for the landlord's labor. (2) At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy. (3) (a) Cleaning charges may not be imposed for normal maintenance performed on a cyclical basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may not be deducted until written notice has been given to the tenant. The notice must include the cleaning not accomplished by the tenant and the additional amount and type or types of cleaning that need to be done by the tenant to bring the premises back to its condition at the time of its renting.

Full Breakdown

Montana's Residential Tenants' Security Deposits chapter (Mont. Code Ann. §§ 70-25-201 to -206) imposes no dollar cap on a deposit. Section 70-25-201 limits deductions to actual damage, unpaid rent, utilities, late charges, lease penalties, and actual cleaning expenses (including a reasonable charge for the landlord's labor), and bars withholding "for purposes other than those set forth in this section." Under § 70-25-202, the landlord must give the departing tenant a written list of rent due and damage and cleaning charges, with any refund, within 30 days of termination or surrender and acceptance, whichever is first. If there is no damage, no cleaning, no unpaid rent, and the tenant shows no unpaid utilities, the deposit must be returned within 10 days.

Violations & Penalties

A landlord who fails to deliver the required written list of damage and cleaning charges forfeits all rights to withhold the deposit for those charges (Mont. Code Ann. § 70-25-203). A landlord who wrongfully withholds a deposit is liable to the tenant for the sum wrongfully withheld, with attorney fees awardable to the prevailing party (§ 70-25-204).

Frequently Asked Questions

How much can a landlord charge for a security deposit in Montana?
Montana law sets no maximum on a residential security deposit. The Residential Tenants' Security Deposits chapter (Mont. Code Ann. §§ 70-25-201 to -206) caps allowable deductions but never caps the deposit itself, so the amount is whatever the lease specifies.
How long does a landlord have to return a security deposit in Montana?
Under Mont. Code Ann. § 70-25-202, within 30 days of termination or surrender of the unit if any damage or cleaning charges are deducted. If there is no damage, no cleaning needed, no unpaid rent, and no unpaid utilities, the deposit must be returned within 10 days.
What can a landlord deduct from a security deposit in Montana?
Under Mont. Code Ann. § 70-25-201, only actual damage caused by the tenant, unpaid rent, utilities, late charges, lease penalties, and actual cleaning expenses (including a reasonable charge for the landlord's labor). A landlord may not deduct for any other purpose, and normal cyclical cleaning generally cannot be charged.

Sources

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