Montana Security Deposit Law
Montana rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206)
The rules in Montana
| Security deposit limit | No statutory cap on the amount of a residential security deposit. Based on review of every section in the security deposit chapter (Parts 1 and 2); none limits the amount. Any cleaning or damage fee, however labeled, is presumed to be a security deposit (§ 70-25-101(4)). |
|---|---|
| Deposit return deadline | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Amended 2023 (Ch. 383) and 2025 (Ch. 656). Refund may be by electronic transfer, cash, check, or mailed to the new or last-known address. Does not apply if the agreement was terminated under § 70-24-427 and the landlord has a pending court claim. The statute does not state what starts the 10-day clock. |
| Itemized deductions | Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. Allowed deductions: damage, unpaid rent, late charges, utilities, lease penalties and other money owed, and actual cleaning costs plus a reasonable charge for landlord labor (§ 70-25-201(1)). Either party may request an inspection within 1 week before the tenancy ends (§ 70-25-201(2)). Cleaning-notice rules amended 2023 and 2025 (notice may be left at the unit plus email/phone/text if tenant leaves without notice). |
| Interest on deposits | No statutory requirement to pay interest on security deposits. No section in the security deposit chapter addresses interest or a separate account. Source: Mont. Code Ann. Title 70, Ch. 25 |
| Penalty for withholding | Landlord who wrongfully withholds is liable for the amount wrongfully withheld or deducted; court may award attorney fees to the prevailing party. No multiplier. Landlord has the burden of proving tenant-caused damage. Tenant may not sue until a written denial is received, or 30 days after termination/surrender, or 10 days after landlord indicates no damages/cleaning/unpaid rent. Separately, failure to provide the list forfeits the right to withhold for damage/cleaning (§ 70-25-203). Source: Mont. Code Ann. § 70-25-204 |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
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Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
Montana vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. Mont. Code Ann. §§ 70-25-201(3), 70-25-202, 70-25-203 |
| Idaho | No statutory cap on the amount of a security deposit. Idaho Code § 6-321 | 21 days after the tenant surrenders the premises if the lease sets no time; the lease may set a different period but never more than 30 days. Idaho Code § 6-321 | If only part of the deposit is refunded, the landlord must include a signed statement itemizing the amounts kept, the reasons, and the expenditures. Deductions may not be taken for normal wear and tear. Idaho Code § 6-321 |
| North Dakota | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2) | Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3) | Any portion not returned must be itemized; the itemization, the amount due, and a written notice stating any amount still owed or refund due must be delivered or mailed within 30 days. Allowed deductions: damage from the tenant's pet or negligence of the tenant/guests, unpaid rent, and cleaning/repairs needed to restore the unit to move-in condition, reasonable wear and tear excepted. N.D.C.C. § 47-16-07.1(3) |
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). SDCL 43-32-24 |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | Landlord must deliver or mail a written itemization of deductions, with reasons, together with any balance. Allowed deductions: accrued rent, damage beyond reasonable wear and tear, the cost of cleaning to move-in condition, and other costs provided by contract. W.S. 1-21-1208(a) |
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Montana Security Deposit Law FAQ
How much can a landlord charge for a security deposit in Montana?
No statutory cap on the amount of a residential security deposit. (Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206))
How long does a landlord have to return a security deposit in Montana?
30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. (Mont. Code Ann. § 70-25-202(1)(a)-(b))
Does a landlord in Montana have to give an itemized list of deposit deductions?
Landlord must give the departing tenant a written list of rent due and damage/cleaning charges, with any refund, within 30 days. Failure to provide the list forfeits all rights to withhold any part of the deposit for damage or cleaning. Cleaning deductions require prior written notice listing the cleaning needed; the tenant then has 24 hours to do it. (Mont. Code Ann. §§ 70-25-201(3), 70-25-202, 70-25-203)
Does a landlord have to pay interest on a security deposit in Montana?
No statutory requirement to pay interest on security deposits. (Mont. Code Ann. Title 70, Ch. 25)
What happens if a landlord in Montana wrongfully keeps a security deposit?
Landlord who wrongfully withholds is liable for the amount wrongfully withheld or deducted; court may award attorney fees to the prevailing party. No multiplier. (Mont. Code Ann. § 70-25-204)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.