Montana Security Deposit Planner

Cleaning — generally only after written notice of what to clean and a 24-hour chance to do it. Exceptions in the 2025 statute: the 24-hour opportunity does not apply when the tenancy is already terminated and the landlord has a pending claim filed in court; a tenant who vacates without required notice relieves the landlord of the notice requirement; and the landlord may instead leave a copy of the notice in a conspicuous place in the unit and notify the tenant by email, phone, or text.

Damage — only for harm you or your guests caused, not pre-existing damage.

Normal wear and tear — cannot be deducted. Whether a specific condition (such as nail holes) is normal wear or tenant-caused damage depends on the facts: size, number, condition, lease terms, move-in records, and the actual repair work and cost.

Unpaid rent & utilities — allowed if they were your responsibility and truly unpaid.

Late fees / other lease charges — only if your lease clearly names them. 70-25-201, MCA ↗

How long do they have to return my deposit? Montana has a 10-day no-deduction provision, but that subsection does not state its trigger. Paper Alibi shows a limited connected-statute reading only when the landlord statement, prior-inspection, and utility conditions are supported. If money is kept, the 30-day period runs from tenancy termination or surrender and acceptance, whichever occurs first.

Can they charge for small nail holes? It depends on the facts. Normal wear and tear cannot be deducted, but Montana has no rule that nail holes are always normal wear: the size and number of holes, the condition they left, your lease terms, the move-in condition records, and the actual repair work and cost can all matter. Compare the charge with those facts and your records.

What if I never got an itemized list? If the landlord did not provide a list within the supported 30-day period, the landlord may lose the right to keep money for cleaning or damage. Check whether the landlord claims notice by certified mail, a certificate of mailing, hand delivery, or another method. 70-25-202, MCA ↗

How can the landlord pay me back? As of 2025, Montana lets the landlord return your refund by electronic funds transfer, cash, check, other forms of refund, or by mailing it to the address you gave (or your last-known address if you did not give one). 70-25-202, MCA ↗

What if the landlord never gave me a move-in condition statement? A landlord who requires a deposit must give you a separate written statement of the unit's condition at move-in. If they did not, they generally cannot keep money for damage or cleaning unless they prove by clear and convincing evidence that you caused it. 70-25-206, MCA ↗

Pause before you sue. A court case carries risk. Your past landlord can file a counterclaim. You could lose, and you could owe money. If the other side hires a lawyer and wins, the court may order you to pay their fees. Talk to a lawyer if you are unsure.

All of this comes from Montana's free official packet, Filing a Complaint to Ask for Your Security Deposit Back, linked below. It's a summary, not advice — the packet says the same. We do not sell or copy the official court forms — we link you to the free public versions and help you organize what goes into them.

The process, in order — (1) fill out the Complaint and Request to Serve Documents; (2) fill in only the caption on the Summons, Order Setting Trial, and Judgment — the court completes the rest; (3) make copies; (4) file with the clerk, fee waiver first if you need one; (5) arrange service of each defendant through a permitted server; (6) file the Proof of Service; (7) wait for the Answer; (8) go to your hearing.

When an action may be maintained — Section 70-25-204(2), MCA, lists alternative paths joined by “or”: written denial received; 30 days after tenancy termination; 30 days after surrender and acceptance; or 10 days after the landlord indicated that all listed no-deduction conditions existed. Which path applies depends on the facts. Check the current statute and official packet before filing.

Who to sue — whoever makes decisions about the deposit, usually whoever signed your lease as landlord. You can always sue the owner, with or without a property manager. Don't sue employees like maintenance workers.

Where to file (venue) — the county where the defendant resides may be proper (§ 25-2-118, MCA ↗), and for lease-based claims the county where the contract was to be performed may also be proper (§ 25-2-121, MCA ↗). Confirm the proper court and county with the clerk before filing. Small Claims Court handles up to $7,000 (§ 3-10-1004, MCA ↗); Justice, City, or Municipal Court handles civil actions up to $15,000 (Justice Court: § 3-10-301, MCA ↗; City Court concurrent jurisdiction: § 3-11-102, MCA ↗; Municipal Court coordinate jurisdiction: § 3-6-103, MCA ↗); district court can take longer.

Forms you'd file — Complaint, Summons, Request to Serve Documents, Order Setting Trial, and Judgment. If you can't afford the filing fee, file a Statement of Inability to Pay (fee waiver) before your Complaint, and give the judge time to approve it. Use the official forms exactly as published — do not change them. The packet warns that changing them can delete language you need.

Serving the landlord — each defendant must be properly served; you can't hand over the papers yourself. Permitted servers can include the sheriff, a deputy, a constable, or another authorized process server (Mont. Justice & City Ct. R. Civ. P. 4 ↗; for Small Claims, § 25-35-604, MCA ↗). Follow the court's current instructions and confirm the permitted server and any fee with the clerk; sheriff service may be free with a fee-waiver order. For a company, serve the manager or its registered agent (find it through the Montana Secretary of State).

Deadlines — the landlord has 20 days to file an Answer (21 in District Court). If they file a counterclaim, you have the same 20 or 21 days to file a written Response. No Answer at all? You can ask for a default judgment.

Risks — the landlord can counterclaim, and you could end up owing money. If they hire an attorney and win, the judge can order you to pay those attorney fees, which can top $1,000. Even a strong case can lose.

Jury trial — the rules differ by court. In Small Claims Court the case is heard without a jury: a defendant may remove the case to Justice Court within 10 days of service, and failing to remove waives jury trial and attorney representation (§ 25-35-605, MCA ↗). In ordinary Justice or City Court cases, a party who wants a jury must file and serve a written jury demand within the time set by Rule 15, or the jury is waived (Mont. Justice & City Ct. R. Civ. P. 15 ↗). Jury costs can fall on the requesting party. Follow the current official packet and ask the clerk how your court takes a jury demand.

If you win — the judgment may include the wrongfully withheld deposit, court costs, and post-judgment interest at the rate set by § 25-9-205, MCA. The general rate is the bank prime rate plus 3%, set for the year, unless a contract-based exception applies. § 25-9-205, MCA ↗

Get the free official packet & forms (MontanaLawHelp) ↗

Itemized list of deductions — a written list naming each charge with amounts.

Normal wear and tear — everyday wearing out that cannot be charged.

Demand letter — a letter asking for your deposit back and citing the law.

Condition report — a written note of the unit's shape when you moved in; compare it to the charges.

Forwarding address — the new address you give the landlord so they can mail your deposit and any list.

Certified mail — a mail service that gives you proof of what you sent and when; useful for your demand letter.

MCA — Montana Code Annotated, the state's written laws.

Plaintiff — the person who files a lawsuit. If you sue, that's you.

Defendant — the person or business being sued; here, the landlord. There can be more than one.

Complaint — the court form that starts your case and says what you're asking for.

Summons — the court's notice telling the defendant they're being sued and how long they have to respond.

Service — the formal delivery of court papers to the other side under the court's rules. A permitted server — such as the sheriff, a deputy, a constable, or another authorized process server — does it, not you.

Counterclaim — a claim the landlord files back against you in the same case, such as for damage beyond your deposit.

Default judgment — a win you can ask for if the defendant never files an Answer in time.

Fee waiver — a Statement of Inability to Pay that asks the court to skip filing fees. File it before your Complaint.