Montana Security Deposit Demand Letter
In Montana a landlord must return your deposit within 10 days if there are no deductions, or send a written list and any balance within 30 days. A landlord who skips the list forfeits the right to withhold. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Montana tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. Montana sets two deadlines. If after inspection there are no damages, no cleaning required, and no rent unpaid, and the tenant can show no utilities are unpaid, the landlord must return the deposit within 10 days (Mont. Code Ann. 70-25-202(1)(b)(i)). If the landlord makes any deductions, the landlord must, within 30 days after termination of the tenancy or surrender of the premises, whichever comes first, deliver a written list of any rent due and any damage and cleaning charges, along with payment of the difference (70-25-202(1)(a)(i)). A landlord may deduct only for the items listed in 70-25-201, and cleaning charges may not be taken until the tenant is given written notice and 24 hours to complete the cleaning (70-25-201(3)). A landlord who fails to give the required written list forfeits all rights to withhold any portion of the deposit (70-25-203), and a landlord who wrongfully withholds is liable for the amount wrongfully withheld, with attorney fees at the court discretion (70-25-204). If the demand is ignored, a Montana tenant can sue in small claims court for up to $7,000 (Mont. Code Ann. 25-35-502), and the deadline to sue on a written lease is six years (Mont. Code Ann. 27-2-202). DocDraft builds your Montana security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand a Montana tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
- 2
Montana sets two deadlines: the deposit must be returned within 10 days when there are no damages, no cleaning, no unpaid rent, and no unpaid utilities (Mont. Code Ann. 70-25-202(1)(b)(i)), or a written list plus any balance must be delivered within 30 days after termination or surrender when deductions are made (70-25-202(1)(a)(i)).
- 3
A Montana landlord may deduct only for the items listed in the statute, including damage caused by the tenant, unpaid rent, late charges, utilities, penalties due under the lease, other money owing, and actual cleaning expenses (Mont. Code Ann. 70-25-201(1)).
- 4
A landlord may not charge for normal wear, and cleaning charges may not be imposed for normal cyclical maintenance unless the tenant negligence forced it (Mont. Code Ann. 70-25-101(1), 70-25-201(3)(a)).
- 5
Cleaning charges may not be deducted until the landlord gives the tenant written notice of the specific cleaning needed and the tenant then has 24 hours to complete it (Mont. Code Ann. 70-25-201(3)).
- 6
A landlord who fails to provide the required written list of damage and cleaning charges forfeits all rights to withhold any portion of the deposit for damages or cleaning (Mont. Code Ann. 70-25-203).
- 7
A landlord who wrongfully withholds a deposit is liable in a civil action for the amount wrongfully withheld, and the court may award attorney fees to the prevailing party (Mont. Code Ann. 70-25-204); a tenant may sue in small claims court for up to $7,000 (25-35-502), and the deadline to sue on a written lease is six years (27-2-202).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Montana, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Montana Requirements for Security Deposit Demand Letter
Ten-Day Deadline When There Are No Deductions
If after inspection there are no damages, no cleaning required, no rent unpaid, and the tenant can show no unpaid utilities, a Montana landlord must return the deposit within 10 days (Mont. Code Ann. 70-25-202(1)(b)(i)). Your demand letter should note whether this deadline applies.
Thirty-Day Written List and Payment When Deductions Are Made
When a Montana landlord makes deductions, the landlord must deliver a written list of any rent due and any damage and cleaning charges, along with payment of any balance, within 30 days after termination of the tenancy or surrender of the premises, whichever comes first (Mont. Code Ann. 70-25-202(1)(a)(i)).
Permitted Deductions
A Montana landlord may deduct only for damage caused by the tenant, unpaid rent, late charges, utilities, penalties due under the lease, other money owing, and actual cleaning expenses including a reasonable charge for the landlord labor (Mont. Code Ann. 70-25-201(1)). No amount may be deducted for any other purpose (70-25-201(4)).
No Charge for Normal or Cyclical Wear
A Montana landlord may not charge for normal wear, and cleaning charges may not be imposed for normal cyclical maintenance unless the tenant negligence forced it (Mont. Code Ann. 70-25-101(1), 70-25-201(3)(a)). Charges for ordinary use can be disputed.
Cleaning Charges Require Notice and a 24-Hour Cure
Cleaning charges may not be deducted until a Montana landlord gives the tenant written notice of the specific cleaning needed, and the tenant then has 24 hours to complete it (Mont. Code Ann. 70-25-201(3)). A cleaning charge taken without this notice can be challenged.
Forfeiture of Withholding Rights for No Written List
A Montana landlord who fails to provide the required written list of damage and cleaning charges forfeits all rights to withhold any portion of the deposit for damages or cleaning (Mont. Code Ann. 70-25-203). Montana imposes no doubling or trebling of the deposit.
Liability for the Amount Wrongfully Withheld and Attorney Fees
A Montana landlord who wrongfully withholds a deposit or any portion is liable in a civil action for an amount equal to the sum wrongfully withheld, and the court may award attorney fees to the prevailing party; the burden of proving tenant-caused damage is on the landlord (Mont. Code Ann. 70-25-204). A tenant may not maintain the action until a written denial or the 10-day or 30-day period passes (70-25-204(2)).
Small Claims Limit and Deadline to Sue
If the demand is ignored, a Montana tenant may sue in small claims court for up to $7,000, exclusive of costs (Mont. Code Ann. 25-35-502). The deadline to sue on a written lease is six years (Mont. Code Ann. 27-2-202), though filing promptly after the demand is the practical course.