Your Montana security deposit kit
A comprehensive, step-by-step walkthrough built from your answers — definitions, a demand-letter builder when the facts support it, dispute and evidence tables, scripts, source links, and court-process information.
Your situation, in plain language
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.
The sample above uses your real details. Unlock the Golden Kit to read, copy, and print the full letter.
Mailing guidance will appear when the letter route is supported.
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 |
|---|
Unlock the Golden Kit to read, copy, and print your finished documents.
Evidence table — have, need, and how to get it
| Item | Status | If you don't have it |
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Talking to people — scripts, questions & what to expect
Word-for-word scripts with your details filled in. In the preview, this shows what each script covers; the full wording unlocks with the kit.
Email templates
Email is useful for requesting your records and giving your address in writing. Keep a copy of every email you send.
Unlock the Golden Kit to read, copy, and send your emails.
Free & 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.
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.
(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) have the sheriff serve each defendant; (6) file the Proof of Service; (7) wait for the Answer; (8) go to your hearing. Each step is detailed below.
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.
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.
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.
In the county where the landlord lives or where the rental sits. Small Claims Court is the simplest option and handles disputes up to $7,000; Justice, City, or Municipal Court (courts of limited jurisdiction) handle up to $15,000. Any of these is usually quicker than District Court — ask the clerk which fits your amount.
You can't hand the papers over yourself. The sheriff serves them — free if the landlord is in Montana and you have a fee-waiver order, otherwise for a fee. 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 sheriff a self-addressed stamped envelope so they can mail you the Proof of Service, then file that proof with the clerk.
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.
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.
You have the right to one, but you pay the jury costs (juror stipends and travel), and it can slow things down. To request one, print “I REQUEST A JURY TRIAL” under the word “Complaint” on its first page. If you don't, the judge decides the case.
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.”
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 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 ↗
Mailing checklist
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 July 10, 2026; Montana law changes, so check the statute and form links for current text.