Getting the Deposit Back
MCA 70-25-202 — the landlord has 30 days to send a list and the rest, or 10 days with no damage
Within 30 days after the tenancy ends, or after a surrender is accepted if sooner, the landlord gives the departing tenant a written list of any rent due and damage and cleaning charges, with the balance of the deposit. With no damage, cleaning, unpaid rent or unpaid utilities, the landlord returns the whole deposit within 10 days.
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- The landlord may deduct damage the tenant caused, unpaid rent, late charges and utilities, and actual cleaning costs.
- Cleaning charges need a written notice first, and the tenant then has 24 hours to do the cleaning.
- At either side's request, the premises may be inspected within 1 week before the tenancy ends.
No list, no deductions. A landlord who does not send the written list forfeits the right to keep any of the deposit for damage or cleaning. A landlord who wrongfully withholds it owes the amount withheld, the landlord bears the burden of proving damage, and the court may award attorney fees.
Not giving a new address in writing does not bar the tenant from recovering what is owed. At the start of a tenancy with a deposit, the landlord gives the tenant a separate signed statement of the condition of the premises.
Sources for this section (6)
- MCA 70-25-202 — List of damages and refund -- delivery to departing tenant
- MCA 70-25-201 — Security deposit -- deductions authorized therefrom
- MCA 70-25-203 — Failure to provide list -- forfeiture of deduction rights
- MCA 70-25-204 — Wrongful withholding of security deposit -- action
- MCA 70-25-205 — Failure of departing tenant to furnish new address
- MCA 70-25-206 — Landlord to furnish statement of condition of premises at beginning of lease
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.