Montana Security Deposit Return: The 10 or 30-Day Deadline (2026)

How long a landlord has to return your deposit, and what you can claim if they miss it

At a glance

Return deadline: 10 or 30 days after vacating
Measured from: Termination of the tenancy or surrender and acceptance of the premises, whichever occurs first (no deductions)
Penalty for late or wrongful withholding: no statutory multiplier
Deposit cap: No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
Small claims cap: $7,000

Who this covers — and who it does not

This page covers residential security deposits in Montana, where a landlord has kept some or all of a deposit after a tenancy ends.

It does not cover:

Commercial leases
Deposits held in an escrow account or with a third party
Disputes about damage charges in an ongoing (not ended) tenancy
Any state other than Montana

Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.

What the statute actually says

10days

Measured from Termination of the tenancy or surrender and acceptance of the premises, whichever occurs first (no deductions).

If after inspection there are no damages, no cleaning required, no unpaid rent, and the tenant can demonstrate no unpaid utilities, the landlord must return the deposit within 10 days.

Mont. Code Ann. § 70-25-202(1)(b) ↗

30days

Measured from Termination of the tenancy or surrender and acceptance of the premises, whichever occurs first (with deductions).

If the landlord deducts for rent due or damage/cleaning charges, they must provide a written list of such charges together with the remaining balance within 30 days.

Mont. Code Ann. § 70-25-202(1)(a) ↗

Penalties

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 ↗

Working out your own deadline

The clock does not start on the day you decided to leave. In Montana it starts Termination of the tenancy or surrender and acceptance of the premises, whichever occurs first (no deductions) — for most leases that is the date you hand back the keys, not the date your notice period began.

Find the date you vacated and returned the keys. Write it down; everything else depends on it.
Add 10 or 30 calendar days. Count calendar days, not business days.
If the landlord has provided a forwarding address, check the statute for whether the deadline is shortened — in some states it is.
Note the date the deadline falls on. If the deposit has not arrived by then, the clock for the penalty starts running.

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

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.

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.

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:

You have received an eviction notice — the timeline is now court-driven
The dispute involves discrimination, unsafe conditions or retaliation
The amount in dispute exceeds $7,000
Your landlord has filed anything in court already

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 Rules

→ All Montana tenant rights topics

Common questions

How long does a landlord have to return a security deposit in Montana?

10 or 30 days, counted from Termination of the tenancy or surrender and acceptance of the premises, whichever occurs first (no deductions). Mont. Code Ann. § 70-25-202(1)(b).

Can I claim more than my deposit back in Montana?

The statute cited for Montana does not provide a penalty multiplier beyond returning the deposit and any lawful deductions.

Does the 10 or 30-day deadline in Montana start when I give notice or when I move out?

It runs from Termination of the tenancy or surrender and acceptance of the premises, whichever occurs first (no deductions) — the date you vacated and returned the keys, not the date your notice period began.

Do I need a lawyer to file a deposit claim in Montana?

No — Montana Justice Court small claims handle claims up to $7,000. Attorney representation is permitted but not required.