Montana Security Deposit Rules: Caps, Lawful Deductions & Penalties (2026)

How much a landlord can charge, and which deductions are actually legal

At a glance

Who this covers — and who it does not

This page covers how much a landlord may charge in Montana, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.

It does not cover:

How much the landlord may charge in the first place

No statutory cap under state law (a landlord may charge whatever amount the lease specifies).

Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.

Which deductions the statute permits

Claimed deductionPermitted in Montana
Damage caused by the tenant beyond normal wear and tearPermitted, if substantiated
Unpaid rentPermitted, if substantiated
Late chargesPermitted, if substantiated
Unpaid utilitiesPermitted, if substantiated
Penalties due under lease provisionsPermitted, if substantiated
Other money owing to the landlord at the time of deductionPermitted, if substantiated
Actual cleaning expenses (including a reasonable charge for the landlord's labor)Permitted, if substantiated

Which deductions the statute does not permit

Claimed deductionPermitted in Montana
Normal wear and tearNot permitted
Cleaning charges without prior written notice (24-hour tenant cure window)Not permitted
Any amount without the written list within 30 daysNot permitted

Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.

Who has to prove what

The landlord may deduct only for damage, unpaid rent, late charges, utilities, lease penalties, other money owing, and actual cleaning expenses. The landlord bears the burden of showing damage was caused by the tenant (§70-25-204).

In Montana the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Mont. Code Ann. § 70-25-201 ↗

What you can claim if deductions are unlawful

蒙大拿的 10/30 天双档返还与扣留权丧失

Forfeiture of withholding for missing the list

A landlord who fails to deliver the written list of charges forfeits all rights to withhold for damages or cleaning — the full deposit becomes refundable.

Mont. Code Ann. § 70-25-203 ↗

24-hour cleaning cure window

Before deducting cleaning costs, the landlord must give written notice, and the tenant has 24 hours to complete the cleaning personally — a tenant-favorable procedural protection.

Mont. Code Ann. § 70-25-201(3) ↗

Common landlord defences and how to answer them

““I deducted for cleaning.””

Before charging cleaning, you must give me written notice of exactly what cleaning remained, and I had 24 hours to do it myself. You may not charge for normal cyclical maintenance.

Mont. Code Ann. § 70-25-201(3)

““I don't have to list the deductions.””

You must provide a written list of rent due, damage, and cleaning charges. Failing to do so forfeits your right to withhold for damages or cleaning.

Mont. Code Ann. § 70-25-203

““I'll keep the deposit and you can sue me.””

Wrongful withholding makes you liable for the amount wrongfully withheld, and the court may award me attorney fees as the prevailing party.

Mont. Code Ann. § 70-25-204

Where sources disagree

Some widely circulated summaries of Montana deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.

Return deadline (10 days vs 30 days)

SourceWhat it says
Some summaries30 days
Mont. Code Ann. § 70-25-20210 days (no deductions) / 30 days (with deductions)

What we follow: 10 days (no deductions) / 30 days (with deductions)

The statute has a two-tier structure. Reporting only "30 days" omits the 10-day no-deduction track.

Sources and how to verify them

Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.

StatuteLast verifiedSource
Mont. Code Ann. § 70-25-202(1)(b) 2026-10-15 official text ↗
Mont. Code Ann. § 70-25-202(1)(a) 2026-10-15 official text ↗
Mont. Code Ann. § 70-25-203, 70-25-204 2026-10-15 official text ↗
Mont. Code Ann. § 70-25-204 2026-10-15 official text ↗
Mont. Code Ann. § 70-25-201 2026-10-15 official text ↗
Mont. Code Ann. § 70-25-203 2026-10-15 official text ↗
Mont. Code Ann. § 70-25-201(3) 2026-10-15 official text ↗

Primary reference: Mont. Code Ann. §§ 70-25-201 to 70-25-204 (Residential Tenants' Security Deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.

More Montana guides

Montana Security Deposit Return

→ All Montana tenant rights topics

Common questions

What can a landlord not deduct from my Montana deposit?

The statute does not permit deductions for: normal wear and tear; cleaning charges without prior written notice (24-hour tenant cure window); any amount without the written list within 30 days.

Who has to prove that a deduction was justified in Montana?

The landlord. The landlord may deduct only for damage, unpaid rent, late charges, utilities, lease penalties, other money owing, and actual cleaning expenses. The landlord bears the burden of showing damage was caused by the tenant (§70-25-204).

How much can a landlord charge as a deposit in Montana?

No statutory cap under state law (a landlord may charge whatever amount the lease specifies).

Is ordinary wear and tear deductible from my Montana deposit?

No. Normal wear and tear