Montana Security Deposit Demand Letter (MCA § 70-25-202)
Moved out and still waiting on your deposit? A clear, written demand is usually the first step — and often the last one needed. Answer the questions below and your letter fills itself in as you type.
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[Your forwarding address]
October 15, 2026
[Landlord or property manager name]
Re: Demand for return of security deposit — [Rental address]
Dear [Landlord or property manager name],
I was a tenant at [Rental address] and moved out on [Move-out date]. At the start of my tenancy I paid a security deposit of [Deposit amount ($)]. So far none of my deposit has been returned, and I have not received an itemized statement of deductions.
Under MCA § 70-25-202, a landlord must return the security deposit within 10 days after the tenancy ends if no deductions are made, or within 30 days with a written list of any charges and the remaining balance. Based on my move-out date, the 30-day deadline was [Move-out date].
Please send [Deposit amount ($)] to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 29, 2026, I intend to file a claim in small claims court, where I may ask for the amount wrongfully withheld, plus legal fees if the court chooses to award them.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
[Your full name]
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How security deposits work in Montana
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.
What to do, step by step
Fill in your details
Answer the questions above. Your letter updates live as you type, so you can check every detail before you send it.
Send it in a way you can prove
Mail the letter by certified mail with return receipt and keep the receipt. If your lease lists an email address for notices, send a copy there too.
Wait for a reply
Give your landlord the 14 days stated in the letter. For reference, Montana's own deadline under MCA § 70-25-202 is 30 days after move-out.
Gather your evidence
Collect your lease, move-in and move-out photos, any inspection checklist, rent receipts and every message about the deposit.
File in small claims if needed
If the deposit still doesn't come back, you can file in small claims court (Montana limit: $7,000). Bring this letter and your proof of mailing.
What if the landlord ignores the letter?
Silence doesn't end the matter. Your letter creates a dated record that you asked for the deposit back and gave a reasonable deadline — exactly what a small claims judge will want to see.
In Montana, the rules are set out in Montana Code Annotated §§ 70-25-101 to 70-25-206. If a landlord keeps a deposit without following them, a court may award the amount wrongfully withheld, plus legal fees if the court chooses to award them.
Small claims court is designed for people representing themselves: filing fees are modest, forms are short, and hearings are informal. In Montana the limit is $7,000, which covers nearly every deposit dispute.
Example Montana security deposit demand letter
A filled-in sample with made-up details, so you can see the finished result.
Jordan Rivera
88 Pine Ave, Springfield
October 5, 2026
Oakview Property Management
500 Market St, Suite 200, Springfield
Re: Demand for return of security deposit — 123 Elm St, Apt 4B, Springfield
Dear Oakview Property Management,
I was a tenant at 123 Elm St, Apt 4B, Springfield and moved out on August 31, 2026. At the start of my tenancy I paid a security deposit of $1,800.00. So far you have returned $300.00, leaving $1,500.00 outstanding.
Under MCA § 70-25-202, a landlord must return the security deposit within 10 days after the tenancy ends if no deductions are made, or within 30 days with a written list of any charges and the remaining balance. Based on my move-out date, the 30-day deadline was September 30, 2026.
I returned all keys on August 31 and took dated photos of every room, which show the unit clean and undamaged apart from normal wear and tear.
Please send $1,500.00 to me at the forwarding address above within 14 days of the date of this letter. If you believe you are entitled to keep any part of the deposit, please send a written, itemized statement of each deduction, with copies of receipts or invoices.
If I have not received the deposit or a proper itemized statement by October 19, 2026, I intend to file a claim in small claims court, where I may ask for the amount wrongfully withheld, plus legal fees if the court chooses to award them.
I would prefer to resolve this without going to court, and I am keeping a copy of this letter and proof of mailing for my records.
Sincerely,
Jordan Rivera
Frequently asked questions
How long does a Montana landlord have to return a deposit?
10 days after the tenancy ends if there's no damage, no cleaning needed, no unpaid rent and no unpaid utilities. If the landlord deducts anything, they have 30 days to send a written list of charges with the balance of the deposit.
Can a Montana landlord charge for cleaning?
Yes, for actual cleaning expenses, including a reasonable charge for the landlord's own labor. Cleaning charges can't be imposed for normal maintenance done on a regular cycle, and the landlord can't deduct for anything outside the purposes the statute allows.
What can I recover if my Montana landlord wrongfully keeps my deposit?
A court can order the landlord to pay the amount wrongfully withheld or deducted, and it may award legal fees to the side that wins. The landlord has to prove that you caused any damage claimed.
What is the small claims limit in Montana?
Montana small claims courts, part of the justice court, hear claims for money of up to $7,000, not counting costs, when the defendant can be served in the county where you file. Bring your lease, photos, this letter and your proof of mailing.
Do I have to send a demand letter before going to small claims?
Many courts expect you to have asked for the money first, and a written demand is the simplest proof that you did. It also resolves a large share of disputes on its own.
How should I send the letter?
Use a method that gives you proof of delivery, such as certified mail with return receipt. Keep a copy of the letter and the receipt together.
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.