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Deposits

Security deposit law in Montana

Montana's cap, return deadline, itemization rule, and wrongful-withholding penalty, with the controlling statute linked.

4 min read

Short answer

Montana sets no statutory limit on the security deposit a landlord may collect, and the deposit must be returned within 10 or 30 days. Wrongful withholding exposure is up to 3x for bad-faith retention. The controlling text is Mont. Code § 70-25-101 to 206, verified July 2026; confirm the current statute before acting, since legislatures amend deposit law and cities layer stricter rules on top.

No statutory limit. The return rule is 10 or 30 days. The controlling text is Mont. Code § 70-25-101 to 206.

Shared move-in, deduction, and refund workflow: the national state-law hub.

Montana's return deadline

10 or 30 days.

If you make no deductions, you must return the deposit within 10 days of move-out. If you deduct for damage or cleaning, you have 30 days to deliver the deposit and a written itemized list. The shorter clock rewards a clean move-out.

The itemized statement rule

A written itemized list of deductions and their cost is required when you withhold, and a separate cleaning charge requires written notice of the cleaning needed. Document the condition to support each line.

Account and interest rules

Montana sets no separate-account or interest requirement. Hold the deposit apart from operating cash regardless.

Exposure for wrongful withholding

Up to 3x for bad-faith retention.

A landlord who withholds in bad faith or fails to provide the itemized list can be liable for up to three times the amount wrongfully withheld. Bad faith and a missing list are the paths to that exposure, so the written accounting is essential.

Montana has no statutory deposit maximum

No statutory limit.

Compare Montana with neighboring states

  • Idaho: no statutory limit; return rule: 21 days.
  • Wyoming: no statutory limit; return rule: 30 days.
  • South Dakota: one month's rent; return rule: 14 days.
  • North Dakota: one month's rent; return rule: 30 days.

Verified against Mont. Code § 70-25-101 to 206 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.

Questions landlords actually ask

Does Montana cap residential security deposits?
No statutory limit
What is the security deposit return deadline in Montana?
10 or 30 days. If you make no deductions, you must return the deposit within 10 days of move-out. If you deduct for damage or cleaning, you have 30 days to deliver the deposit and a written itemized list. The shorter clock rewards a clean move-out.
What itemization does Montana require?
A written itemized list of deductions and their cost is required when you withhold, and a separate cleaning charge requires written notice of the cleaning needed. Document the condition to support each line.
What is the wrongful-withholding exposure in Montana?
Up to 3x for bad-faith retention. A landlord who withholds in bad faith or fails to provide the itemized list can be liable for up to three times the amount wrongfully withheld. Bad faith and a missing list are the paths to that exposure, so the written accounting is essential.