How long does a Montana landlord have to return a security deposit?
Montana generally requires the landlord to provide the written list and any refund balance within 30 days after termination of the tenancy or within 30 days after surrender and acceptance of the premises, whichever occurs first.
When does the 10-day rule apply?
The 10-day return rule applies when there are no damages, no cleaning required, no unpaid rent, and the tenant can demonstrate that no utilities are unpaid.
Do I need to give a new mailing address?
Yes, do it in writing and keep proof. Montana allows the landlord to mail to the new address you provide or, if none is provided, to your last-known address. Not giving a new address does not bar recovery of the amount owing, but it can make the cleanest record harder.
Can a Montana landlord charge cleaning from the deposit?
Sometimes, but Montana has a specific cleaning rule. When the statute requires it, the landlord must give written notice describing the cleaning not done and give the tenant 24 hours after delivery to complete it. The landlord may be relieved of that requirement if the tenant failed to notify intent to vacate or vacated without notice.
What if the landlord never sent the written list?
If the landlord fails to provide the required written list of damage and cleaning charges, Montana can forfeit the landlord's right to withhold any portion of the deposit for those damage or cleaning charges.
Why does the move-in condition statement matter?
If a landlord requires a security deposit, Montana requires a separate written statement of the premises' condition at the start of the tenancy. If the landlord failed to provide it, the landlord can be barred from recovering damage or cleaning sums unless the landlord proves the damage by clear and convincing evidence.
Does Montana have double or treble damages for security deposits?
No. Montana is not a routine multiplier-damages state for security deposits. A tenant may recover the amount wrongfully withheld or deducted, and attorney fees may be awarded to the prevailing party at the court's discretion.
What proof should I keep?
Keep the lease, deposit payment proof, move-in condition statement, termination and surrender records, key-return proof, new address notice, utilities proof, written list, cleaning notice, photos, demand letters, and delivery proof.
The Montana Recovery System gives you the four-step written sequence for move-out, deposit due, entitlement, and final demand.
Get the Montana Recovery SystemRelated pages
Important
This page provides general educational information and is not legal advice.