Montana's rule on getting a security deposit back turns on a feature the national template does not capture: The cap is No statewide cap. The return deadline is 10 days after termination if no deductions; 30 days if deductions are taken, with an itemized statement. Interest: No statewide interest requirement. The controlling authority is Mont. Code Ann. §§ 70-25-201 to 70-25-206. Wrongful withholding can support damages of the deposit amount plus a penalty of up to the deposit amount in bad-faith cases.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: 10 days after termination if no deductions; 30 days if deductions are taken, with an itemized statement
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support damages of the deposit amount plus a penalty of up to the deposit amount in bad-faith cases.
- Primary authority: Mont. Code Ann. §§ 70-25-201 to 70-25-206.
Worked example under Montana law
The illustration below uses only rules already stated for Montana. It is a research hypothetical, not a prediction of what a court will do.
A residential tenant moves out of a Montana rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: 10 days after termination if no deductions; 30 days if deductions are taken, with an itemized statement
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support damages of the deposit amount plus a penalty of up to the deposit amount in bad-faith cases.
Montana does not cap deposits statewide. Landlords must return deposits on a 10- or 30-day track with itemization when deductions are taken. Justice court handles many disputes.
Deposit limits in Montana
No statewide cap
When the deposit must be returned
10 days after termination if no deductions; 30 days if deductions are taken, with an itemized statement
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support damages of the deposit amount plus a penalty of up to the deposit amount in bad-faith cases.
Practical process for tenants and landlords
Montana does not cap deposits statewide. Landlords must return deposits on a 10- or 30-day track with itemization when deductions are taken. Justice court handles many disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in Montana
TIMOTHY J. WHALEN, D/B/A SHANNON ROSE APARTMENTS, Plaintiff and Appellant, v. JOHN LEWIS TAYLOR, Defendant
…agreed to pay rent on the first of each month and to pay a security deposit of $250. The rental agreement contained a provision stating that “ [acceptance of a refund of all or a portion of the deposit by Tenant shall constitute a full and final release of Landlord from any claims of Tenant of any nature whatsoever.” Over the course of the tenancy, Taylor habitually made late…
On security deposits, TIMOTHY J. WHALEN, D/B/A SHANNON ROSE APARTMENTS, Plaintiff and Appellant, v. JOHN LEWIS TAYLOR, Defendant speaks to the Montana dispute in this passage: "The rental agreement contained a provision stating that “ [acceptance of a refund of all or a portion of the deposit by Tenant shall constitute a full and final release of Landlord from any claims of Tenant of any nature whatsoever." The surrounding opinion shows how the court applied that language to the record.
VICTOR WORLEDGE, MATTHEW HALL, LYNNE KELLY, and MICHAEL BARTHOLIC, and All Others Similarly Situated, Plaintiffs and
…Tenant Act), §§ 70-24-101 through 442, MCA, and the Montana Security Deposit Act (Security Deposit Act), §§ 70-25-101 through 206, MCA. To support these allegations, Tenants filed as exhibits several of the named parties’ leases with Riverstone. Between November 2013 and February 2014, Riverstone and Owners filed their answers to the complaint. ¶5 On March 13,2014, Tenants move…
Practitioners open VICTOR WORLEDGE, MATTHEW HALL, LYNNE KELLY, and MICHAEL BARTHOLIC, and All Others Similarly Situated, Plaintiffs and when Montana security deposits turns on the distinction in this sentence: "Tenant Act), §§ 70-24-101 through 442, MCA, and the Montana Security Deposit Act (Security Deposit Act), §§ 70-25-101 through 206, MCA. To support these allegations, Tenants filed as exhibits several of the named parties’ leases with Riverstone." Do not lift it out of the facts the court was deciding.
JOHN HAYES and Colleen Hayes, Plaintiffs and Appellants, v. CHANNING HARTELIUS, Defendant and Respondent
…tive trustee. (3) Section 70-25-101(4), MCA, of the Montana Security Deposit Act does not apply to this case. Plaintiffs and defendant were good friends. Channing Hartelius represented John and Colleen Hayes, as their attorney on several occasions, and socialized with John Hayes on numerous other occasions. In 1978 Hartelius had his house up for sale and plaintiffs expressed an…
Practitioners open JOHN HAYES and Colleen Hayes, Plaintiffs and Appellants, v. CHANNING HARTELIUS, Defendant and Respondent when Montana security deposits turns on the distinction in this sentence: "Section 70-25-101(4), MCA, of the Montana Security Deposit Act does not apply to this case. Plaintiffs and defendant were good friends." Do not lift it out of the facts the court was deciding.
MATTHEW SUMMERS and HEIDI AMES, Plaintiffs and Appellants, v. CRESTVIEW APARTMENTS, LH RESIDENTIAL, LLC, and SCOTT
…primarily asserting violations of the Residential Tenants’ Security Deposits Act (Security Deposits Act) and the Montana Residential Landlord and Tenant Act of 1977 (Landlord and Tenant Act). In particular, Summers claims that Crestview illegally deducted future unpaid rent from the security deposit, wrongfully imposed accelerated rent upon breach of the lease, impermissibly r…
Practitioners open MATTHEW SUMMERS and HEIDI AMES, Plaintiffs and Appellants, v. CRESTVIEW APARTMENTS, LH RESIDENTIAL, LLC, and SCOTT when Montana security deposits turns on the distinction in this sentence: "Residential Tenants’ Security Deposits Act (Security Deposits Act) and the Montana Residential Landlord and Tenant Act of 1977 (Landlord and Tenant Act)." Do not lift it out of the facts the court was deciding.
P. KAY BUGGER, Plaintiff, Counter-Defendant, and Appellant, v. MIKE McGOUGH, Defendant and Respondent, and MARK
…brought a claim against McGough and Johnson to recover her security deposit. The claim alleged that Johnson and McGough violated provisions of the Montana Landlord and Tenant Act, the Residential Security Deposit Act, and breached the covenant of good faith and fair dealing. A jury found for Johnson and the District Court for the Eighteenth Judicial District, Gallatin County,…
Practitioners open P. KAY BUGGER, Plaintiff, Counter-Defendant, and Appellant, v. MIKE McGOUGH, Defendant and Respondent, and MARK when Montana security deposits turns on the distinction in this sentence: "McGough and Johnson to recover her security deposit. The claim alleged that Johnson and McGough violated provisions of the Montana Landlord and Tenant Act, the Residential Security Deposit Act, and breached the covenant of good faith and fair dealing." Do not lift it out of the facts the court was deciding.
Frequently asked questions
How much can a landlord charge for a security deposit in Montana?
No statewide cap
How long does a landlord have to return my deposit?
10 days after termination if no deductions; 30 days if deductions are taken, with an itemized statement
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support damages of the deposit amount plus a penalty of up to the deposit amount in bad-faith cases.
This guide covers Montana residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.