Review your situation
See the dates, amounts, issues, missing information, and current document route in one place.
Golden Kit
Your Montana security deposit kit
Save the time it would take to gather, sort, and format your Montana security deposit materials. The kit turns your planner answers into one organized walkthrough with the document, organizers, messages, source links, and printing tools available for your route.
Last reviewed August 13, 2026 · How we compile this & our sources
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Your situation, in plain language
Issues
—30-day clock
—Possible 10-day date
—List + refund (Day 30)
—List notice review
—Move-in condition statement (§ 70-25-206, MCA)
—Amount to request
—Evidence checked
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Your demand letter
The kit checks whether your answers support a deadline-based letter. When information is missing, it explains what is needed, why it matters, and what records may help.
You can also use Montana's free official versions of this letter: MLSA interactive form ↗ · blank form letter (PDF) ↗
Your letter
✓ Copied
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Sample boundary
The preview stops before the complete document, contact block, demand math, and closing. Review the samples first, then use the purchase section below if the full packet would save you time.
Review the full-kit optionMailing guidance will appear when the letter route is supported.
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Charge-by-charge dispute table
The charges you entered in the planner's Step 3, with your position on each. For what each charge requires, see the deduction rules in the planner's Reference drawer.
| Charge | Amount | Your position | Reason |
|---|
No charges added yet. If the landlord sent an itemized list, go back to the planner's Step 3 and add each charge — they'll appear here automatically.
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Sample boundary
The preview confirms that your charges are organized without revealing the finished paid table.
Review the full-kit option4
Evidence table: have, need, and how to get it
| Record | Status | If you do not have it |
|---|
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Talking to people: scripts, questions, and what to expect
The preview shows what each script covers. The personalized wording appears when the kit is unlocked.
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Email templates
Email is useful for requesting your records and giving your address in writing. Keep a copy of every email you send.
Request your records
✓ Copied
Give your forwarding address
✓ Copied
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Sample boundary
The preview names the available emails without showing the complete ready-to-copy wording.
Review the full-kit optionOptional $5 personalized digital kit
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- Complete letter when the answers support one
- Charge and evidence organizers
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Free and low-cost legal help
You don't have to do this alone. These Montana programs are free or low-cost, and you can reach them directly.
Montana Legal Services Association (MLSA)
Free civil legal help for income-qualified Montanans. 1-800-666-6899 (Tue–Thu, 9am–1pm) or apply at mtlsa.org. Free if you qualify.Court Help Program / Self-Help Centers
Free help with court procedure and forms statewide (information, not advice). (406) 444-9300, courts.mt.gov/selfhelp. Free.State Bar Lawyer Referral Service
Connects you with a Montana lawyer for a short, reduced-fee consultation. (406) 449-6577, montanabar.org. Low-cost consult.State Law Library
Help finding laws, forms, and resources (not legal advice). (800) 710-9827, courts.mt.gov/library. Free.8
If the letter doesn't work: going to court
This is a plain-language summary of Montana's official self-help packet, Filing a Complaint to Ask for Your Security Deposit Back. It cannot replace a lawyer's advice; the packet says so itself. Use it to know what to expect.
Open the free court-process walkthrough
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. We do not sell or copy the official court forms — we link you to the free public versions below 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. Each step is detailed below.
(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. Each step is detailed below.
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. You would be the plaintiff; the landlord the defendant.
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. You would be the plaintiff; the landlord the defendant.
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) first — before the Complaint. Fill in only the caption on the Summons, Order Setting Trial, and Judgment — the court completes the rest. Use the forms exactly as published; the packet warns that changing them can delete language you need.
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) first — before the Complaint. Fill in only the caption on the Summons, Order Setting Trial, and Judgment — the court completes the rest. Use the forms exactly as published; the packet warns that changing them can delete language you need.
Who to sue
The person or business that makes decisions about your deposit — usually whoever signed your lease as landlord. You can always sue the property owner, with or without a property manager, and you can name both. Don't sue employees like maintenance workers.
The person or business that makes decisions about your deposit — usually whoever signed your lease as landlord. You can always sue the property owner, with or without a property manager, and you can name both. 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 disputes up to $7,000 (§ 3-10-1004, MCA ↗); Justice, City, or Municipal Court (courts of limited jurisdiction) handle 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 ↗). Any of these is usually quicker than District Court — ask the clerk which fits your amount.
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 disputes up to $7,000 (§ 3-10-1004, MCA ↗); Justice, City, or Municipal Court (courts of limited jurisdiction) handle 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 ↗). Any of these is usually quicker than District Court — ask the clerk which fits your amount.
Serving the landlord
You can't hand the papers over 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. Correct service matters; without proof of it, the court may not hold a hearing. If the landlord is a company, serve the manager or the company's registered agent — look it up at the Montana Secretary of State. Give the server a self-addressed stamped envelope so they can mail you the Proof of Service, then file that proof with the clerk.
You can't hand the papers over 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. Correct service matters; without proof of it, the court may not hold a hearing. If the landlord is a company, serve the manager or the company's registered agent — look it up at the Montana Secretary of State. Give the server a self-addressed stamped envelope so they can mail you the Proof of Service, then file that proof with the clerk.
Timeline
After being served, the landlord has 20 days (Justice/City Court) or 21 days (District Court) to file an Answer. If they don't, you may file for a default judgment. If they file a counterclaim, you have the same 20 or 21 days to file a written Response to it.
After being served, the landlord has 20 days (Justice/City Court) or 21 days (District Court) to file an Answer. If they don't, you may file for a default judgment. If they file a counterclaim, you have the same 20 or 21 days to file a written Response to it.
Filing-day checklist
Bring the packet's copy counts: Summons ×2, Complaint (with attachments) ×2, Request to Serve Documents ×1, Order Setting Hearing ×3, Judgment ×1 — plus one more of each per extra defendant. Ask the clerk to stamp your copies “Filed,” ask them to lodge the Judgment form, and leave a self-addressed stamped envelope so the court can mail you the Order Setting Hearing.
Bring the packet's copy counts: Summons ×2, Complaint (with attachments) ×2, Request to Serve Documents ×1, Order Setting Hearing ×3, Judgment ×1 — plus one more of each per extra defendant. Ask the clerk to stamp your copies “Filed,” ask them to lodge the Judgment form, and leave a self-addressed stamped envelope so the court can mail you the Order Setting Hearing.
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 (juror stipends and travel) can fall on the requesting party, and a jury can slow things down. Follow the current official packet and ask the clerk how your court takes a jury demand.
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 (juror stipends and travel) can fall on the requesting party, and a jury can slow things down. Follow the current official packet and ask the clerk how your court takes a jury demand.
Your hearing day
Arrive at least 15 minutes early and dress like it's an important job interview. Check in with the clerk, call the judge “Your Honor,” and bring your stamped copies, photos, receipts, and any witnesses who saw the condition you left the place in. Need a reluctant witness? Ask the clerk for subpoena forms. If the clerk wouldn't lodge your Judgment form, say: “Your Honor, I have a proposed judgment form for your consideration.”
Arrive at least 15 minutes early and dress like it's an important job interview. Check in with the clerk, call the judge “Your Honor,” and bring your stamped copies, photos, receipts, and any witnesses who saw the condition you left the place in. Need a reluctant witness? Ask the clerk for subpoena forms. If the clerk wouldn't lodge your Judgment form, say: “Your Honor, I have a proposed judgment form for your consideration.”
Know the risks
The landlord can file a counterclaim — e.g., for damage beyond your deposit — and you could end up owing money. If they hire an attorney and win, the judge can order you to pay their attorney fees. Even a strong case can lose. If you have questions about the risks, talk to a lawyer before filing.
The landlord can file a counterclaim — e.g., for damage beyond your deposit — and you could end up owing money. If they hire an attorney and win, the judge can order you to pay their attorney fees. Even a strong case can lose. If you have questions about the risks, talk to a lawyer before filing.
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 ↗
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 official forms and instructions free: Filing a Complaint packet (MontanaLawHelp) ↗ · courts.mt.gov/forms ↗ · deposit statutes start at § 70-25-101, MCA ↗
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Mailing checklist
Review the samples before deciding
The laws and public resources stay free. If the personalized packet would save you time, review the one-time $5 option and confirmation above.
This kit is a self-help organizing tool built from your answers and free, public Montana sources, all linked above so you can access them directly. Paper Alibi is not a law firm, does not create an attorney-client relationship, and gives legal information, not legal advice. Last reviewed August 13, 2026; Montana law changes, so check the statute and form links for current text.