Landlord & Housing · free generator
Montana Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In Montana, that is not a judgment call: under Montana Code Annotated section 70-25-202, your former landlord generally has 10–30 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites Mont. Code Ann. § 70-25-202 by name, states the legal deadline, and puts your landlord on notice that small claims court — where Montana hears claims up to $7,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under Montana Code Annotated section 70-25-202 (Mont. Code Ann. § 70-25-202), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 10–30 days. Yes - a written list itemizing every rent, damage, and cleaning charge must accompany the refund within 30 days, and the landlord bears the burden of proving damage caused by the tenant. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where Montana law allows claims up to $7,000, and I will pursue every remedy available under Mont. Code Ann. § 70-25-202, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in Montana
- Return deadline
- 10–30 days
- Governing statute
- Mont. Code Ann. § 70-25-202
- When the clock starts
- If there are no deductions - no damage, no cleaning needed, no unpaid rent, and the tenant can show utilities are paid - the deposit must be returned within 10 days. If the landlord claims deductions, a written list of rent due and damage and cleaning charges, plus any refund, is due within 30 days of termination of the tenancy or surrender and acceptance of the premises, whichever occurs first.
- Itemized deductions
- Yes - a written list itemizing every rent, damage, and cleaning charge must accompany the refund within 30 days, and the landlord bears the burden of proving damage caused by the tenant.
- If it's wrongfully kept
- Under § 70-25-204, a landlord who wrongfully withholds any portion is liable in a civil action for the amount wrongfully withheld, and the court may in its discretion award reasonable attorney fees to the prevailing party; Montana has no statutory doubling or trebling.
- Small claims limit
- $7,000 (Justice Court small claims division; up to $15,000 on the regular docket)
Worth knowing: Montana has no cap on deposit size, but it protects tenants procedurally: the landlord cannot deduct cleaning charges unless you were given written notice of the cleaning not done and at least 24 hours to do it yourself (§ 70-25-201). If the landlord never gave you a written statement of the unit's condition at move-in, § 70-25-206 bars damage and cleaning deductions unless the landlord proves them by clear and convincing evidence. Those two levers are often more valuable than the modest damages remedy.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a Montana small claims judge will ask about. Keep a copy with your move-out photos and lease.
- If there are no deductions - no damage, no cleaning needed, no unpaid rent, and the tenant can show utilities are paid - the deposit must be returned within 10 days. If the landlord claims deductions, a written list of rent due and damage and cleaning charges, plus any refund, is due within 30 days of termination of the tenancy or surrender and acceptance of the premises, whichever occurs first.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($7,000 (Justice Court small claims division; up to $15,000 on the regular docket)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
Deposit letters for every state
Straight answers
Questions people ask
How long does a landlord have to return a security deposit in Montana?
If there are no deductions - no damage, no cleaning needed, no unpaid rent, and the tenant can show utilities are paid - the deposit must be returned within 10 days. If the landlord claims deductions, a written list of rent due and damage and cleaning charges, plus any refund, is due within 30 days of termination of the tenancy or surrender and acceptance of the premises, whichever occurs first. The governing statute is Montana Code Annotated section 70-25-202. Yes - a written list itemizing every rent, damage, and cleaning charge must accompany the refund within 30 days, and the landlord bears the burden of proving damage caused by the tenant.
What can I recover if my landlord wrongfully keeps my deposit in Montana?
Under § 70-25-204, a landlord who wrongfully withholds any portion is liable in a civil action for the amount wrongfully withheld, and the court may in its discretion award reasonable attorney fees to the prevailing party; Montana has no statutory doubling or trebling. These cases are built for small claims court — the Montana limit is $7,000 (Justice Court small claims division; up to $15,000 on the regular docket), filing fees are modest, and no lawyer is needed.
Anything else Montana renters should know about deposits?
Montana has no cap on deposit size, but it protects tenants procedurally: the landlord cannot deduct cleaning charges unless you were given written notice of the cleaning not done and at least 24 hours to do it yourself (§ 70-25-201). If the landlord never gave you a written statement of the unit's condition at move-in, § 70-25-206 bars damage and cleaning deductions unless the landlord proves them by clear and convincing evidence. Those two levers are often more valuable than the modest damages remedy.
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