Montana Security Deposit Law: Deadlines & Penalties

Montana sets two deadlines. If the landlord isn't deducting anything, the deposit must be returned within 10 days after the tenancy ends. If the landlord is making deductions, they have 30 days to send a written list of the charges along with the remaining balance. Allowed deductions include damage, unpaid rent, late charges, unpaid utilities, penalties under the lease and actual cleaning costs.

Either the landlord or the tenant can ask for an inspection during the week before the tenancy ends. Cleaning charges can't be imposed for normal maintenance the landlord performs on a regular cycle, and in most cases the landlord must first give written notice of the cleaning needed and allow 24 hours to do it. Refunds may be mailed to a new address the tenant provides, or otherwise to the last known address, so give your forwarding address in writing.

A landlord who wrongfully withholds part of the deposit can be ordered to pay the amount wrongfully kept, and the court may award legal fees to the side that wins. The landlord has the burden of proving that the tenant caused any damage. A tenant generally has to wait until 30 days after the tenancy ends, or until receiving a written denial, before suing.