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

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.

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).