How much a landlord can charge, and which deductions are actually legal
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:
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.
| Claimed deduction | Permitted in Montana |
|---|---|
| Damage caused by the tenant beyond normal wear and tear | Permitted, if substantiated |
| Unpaid rent | Permitted, if substantiated |
| Late charges | Permitted, if substantiated |
| Unpaid utilities | Permitted, if substantiated |
| Penalties due under lease provisions | Permitted, if substantiated |
| Other money owing to the landlord at the time of deduction | Permitted, if substantiated |
| Actual cleaning expenses (including a reasonable charge for the landlord's labor) | Permitted, if substantiated |
| Claimed deduction | Permitted in Montana |
|---|---|
| Normal wear and tear | Not permitted |
| Cleaning charges without prior written notice (24-hour tenant cure window) | Not permitted |
| Any amount without the written list within 30 days | Not 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.
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 ↗
No statutory penalty beyond returning the deposit.
A landlord who fails to deliver the required written list forfeits ALL rights to withhold any portion of the deposit for damages or cleaning (§70-25-203). A landlord who wrongfully withholds is liable for the amount wrongfully withheld, and the court MAY award attorney fees to the prevailing party (§70-25-204). There is no statutory multiplier (no 2x/3x).
Mont. Code Ann. § 70-25-203, 70-25-204 ↗The tenant may recover the landlord's attorney fees.
The court may, in its discretion, award attorney fees to the prevailing party in a wrongful-withholding action under §70-25-204.
Mont. Code Ann. § 70-25-204 ↗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 ↗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) ↗““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
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.
| Source | What it says |
|---|---|
| Some summaries | 30 days |
| Mont. Code Ann. § 70-25-202 | 10 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.
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.
| Statute | Last verified | Source |
|---|---|---|
| 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.
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.
Montana Security Deposit Return
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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.
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).
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
No. Normal wear and tear