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Montana Security Deposit Laws (2026)

Last reviewed October 5, 2026Sources: Mont. Code § 70-25-201 et seq.

Deposits in Montana run on a few numbers: the maximum your landlord can charge, the return deadline that starts when you surrender the keys, and — when it applies — interest the law says the deposit earns while it sits in their account. All three are below, with the statute behind each.

Max depositNo statutory cap
No statutory cap.
Return deadline30 days after you give up possession
10 days when returning the full deposit; 30 days with itemized deductions.
Interest on depositNo statewide rule

No statewide interest requirement. Interest aside, the return deadline above is what actually moves your money.

StatuteMont. Code § 70-25-201 et seq.

The cap: how much your landlord can ask for

No statutory cap. Whatever the cap, the deposit remains your money: the cap limits the request, and the sections below limit what can happen to it afterward.

The deadline: when the money comes back

Montana landlords have 30 days from when you give up possession — normally the day you return all keys — to either refund the deposit or send the written itemization that state law requires. 10 days when returning the full deposit; 30 days with itemized deductions. Mark the date on your calendar the day you move; a deadline that passes without refund or statement is what converts an awkward wait into a legal claim.

Interest: does your deposit earn any?

No statewide interest requirement. Interest aside, the return deadline above is what actually moves your money.

Deductions: what can legally come out

Like nearly every state, Montana lets landlords charge for real damage and unpaid costs — but not for normal wear and tear. Faded paint, worn carpet in a walkway, and small nail holes from picture hangers are the landlord's cost of doing business; broken fixtures, uncleaned appliances, and unpaid rent are chargeable. When deductions are taken, Montana requires them in writing — so photograph the unit at move-out and keep the timestamped set until the money arrives. Every line item can then be checked against how the unit actually looked, which is how inflated deductions get beaten.

If the deposit doesn't come back

Courts can award the deposit plus $100 or twice the damages for bad faith. The route is almost always the same: a written demand letter citing the deadline and Mont. Code § 70-25-201 et seq., then small claims court in the county where the unit sits. Filings are cheap, lawyers aren't required, and landlords who ignored two letters usually settle the week a court date appears.

Your Montana action plan

Three moves protect a Montana deposit: (1) compare the deposit you're being asked for against the cap above before you sign; (2) photograph the unit at move-in and again at move-out — documentation settles most disputes before they start (our interactive checklist walks you through it); (3) the day you return keys, write the deadline on your calendar and send your forwarding address in writing. If that date passes in silence, the demand letter template takes about ten minutes, and small claims court is the next stop.

Montana deposit FAQ

How much can a landlord charge for a security deposit in Montana?
There is no statutory cap — the lease sets the amount. No statutory cap.
When must a landlord return a security deposit in Montana?
30 days after the tenant gives up possession. 10 days when returning the full deposit; 30 days with itemized deductions.
Does a security deposit earn interest in Montana?
No statewide requirement.
What happens if a Montana landlord wrongfully keeps the deposit?
Courts can award the deposit plus $100 or twice the damages for bad faith.

Run your Montana numbers

Cap check, your personal deadline date, and the interest your deposit earned — in about twenty seconds.

Calculate for Montana

Keep reading

This page summarizes Mont. Code § 70-25-201 et seq. as last reviewed October 5, 2026. Laws and locally announced rates change — confirm current figures with the Montana housing authority or attorney general's consumer site before relying on them.