10 days after move-out | Deposit recovery depends on facts | Mont. Code Ann. §70-25-201
Law verified March 11, 2026
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Check My DepositMontana security deposit law is governed by Mont. Code Ann. §70-25-201, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 10 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.
While Montana does not impose a penalty multiplier, a landlord who misses the 10-day deadline loses the legal basis to justify any deductions. You can recover the full deposit through Montana small claims court - which handles disputes up to $7,000 - without needing an attorney.
This state has extra conditions in the remedy model. Treat the free result as a maximum modeled outcome, not a guaranteed court award, and review any notice, intent, coverage, or local-law issues before relying on a multiplier.
Montana also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under Mont. Code Ann. §70-25-201. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.
Critically, Mont. Code Ann. §70-25-201 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in Montana.
The sections below explain each aspect of Montana deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against Mont. Code Ann. §70-25-201, estimates the maximum modeled recovery, and generates a personalized demand letter.
Deadline
Under Mont. Code Ann. §70-25-201, your Montana landlord has 10 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 10-day clock starts on your move-out date.
Complexity note: Note: Montana's deposit return rules have some case-by-case complexity. The deadline and penalty rules above represent the general standard under Mont. Code Ann. §70-25-201, but specific circumstances, such as disputed move-out dates, lease terms, or property type, may affect your claim. Our free analysis accounts for these variables.
Penalty
Montana does not impose a statutory penalty multiplier on top of the deposit amount, but you are still entitled to recover the full amount wrongfully withheld. You can sue your landlord in small claims court (up to $7,000 in Montana) to recover your deposit plus court filing costs. Many landlords comply once they receive a formal demand letter.
Missing the 10-day deadline can strengthen your claim, but the exact remedy still depends on the facts.
Mont. Code Ann. §70-25-202
Itemization
Montana law requires your landlord to provide an itemized written statement of any deductions within 30 days, separate from the 10-day deadline to return the deposit itself. This means there are two distinct deadlines to track. Missing either one can strengthen your claim.
Two deadlines to track: your landlord has 10 days to return the deposit, but only 30 days to provide the itemized statement. Missing either deadline strengthens your claim.
Legal Reference
Wear & Tear ProtectedQuestions
Your Montana landlord has 10 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Mont. Code Ann. §70-25-201.
If your landlord misses the 10-day deadline, you can sue in Montana small claims court (up to $7,000) to recover your full deposit plus court costs. While Montana doesn't impose a penalty multiplier, the threat of court often motivates compliance.
No. Montana law under Mont. Code Ann. §70-25-201 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Montana small claims court handles disputes up to $7,000. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.
The statute of limitations for security deposit claims in Montana is 6 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.
Montana landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 30 days.
| State | Deadline | Penalty | Small Claims |
|---|---|---|---|
MontanaYou | 10 days | Civil | $7,000 |
| 21 days | 3× | $12,500 | |
| 30 days | 3× | $10,000 | |
| 30 days | 3× | $7,500 | |
| 30 days | 3× | $20,000 | |
| 14 days | Forfeiture | $10,000 |
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