Montana Security Deposit Laws (2026): 10 or 30 Days, 24-Hour Cleaning Notice & Condition Statement

Montana gives a tenant who owes nothing a faster refund: 10 days. Before charging for cleaning, the landlord must give written notice and 24 hours to do the cleaning yourself.

By Lamuko Editorial Team✓ Checked against official statute textUpdated Oct 17, 2026

Montana deposit rules at a glance

Timeline: move-in to refund

Maximum deposit	No statutory cap
Return deadline	30 days after termination or surrender (whichever is first); 10 days if there are no damages, cleaning, unpaid rent or unpaid utilities
Itemized list	Written list of rent due and damage and cleaning charges
Interest	Not required
Penalty	The amount wrongfully withheld; attorney fees at the court's discretion; no list means no damage or cleaning deductions
Move-in statement	Required; without it, damage and cleaning claims need clear and convincing evidence

What a deposit is

Under MCA 70-25-101, any money given to secure rent, damage or cleaning is a security deposit, and any fee or charge for cleaning and damage "no matter how designated" is presumed to be one. That means a so-called non-refundable cleaning fee is treated as a deposit. Montana sets no cap.

The move-in condition statement

A landlord that requires a deposit must give you, at the start of the tenancy, a separate signed written statement of the unit's condition. On written request, it must also give you the prior tenant's list of damage and cleaning charges. A landlord that fails to do this cannot recover for damage or cleaning unless it proves by clear and convincing evidence that you caused the damage (70-25-206).

Deductions and the 24-hour cleaning rule

The landlord may deduct damage, unpaid rent, late charges, utilities, lease penalties, other money owed, and actual cleaning costs including a reasonable charge for its own labor. It may deduct for nothing else (70-25-201). Either side may ask for an inspection within one week before the tenancy ends. Cleaning charges require written notice describing the cleaning needed, after which you have 24 hours to do it. If the notice is mailed certified, it counts as served 3 days after mailing. If you leave without giving notice, the landlord can skip this step. Cyclical maintenance the landlord noted at move-in cannot be charged as cleaning unless your negligence made it necessary.

10 days or 30 days

If there is no damage, no cleaning needed and no unpaid rent, and you can show no unpaid utilities, the deposit is due within 10 days. Otherwise, within 30 days after termination or surrender and acceptance, whichever comes first, the landlord must give you a written list of rent due and damage and cleaning charges, together with the balance (70-25-202, as amended by HB 444 in 2025). Refunds may be paid by electronic transfer, cash or check, or mailed to your new or last-known address.

No list, no damage or cleaning deductions. A landlord that does not provide the list forfeits the right to withhold for damage or cleaning (70-25-203). For wrongful withholding, you can recover the amount wrongfully withheld. The court may award attorney fees to the prevailing party, and the landlord bears the burden of proving damage (70-25-204). You can sue only after you receive a written denial or the 30-day (or 10-day) period has run.

If you do not leave a new address, you can still recover what is owed (70-25-205). Our calculator counts 30 days.

Steps to recover a Montana deposit

Keep the move-in condition statement, and ask for the prior tenant's charges.
Request an inspection in your last week.
If you get a cleaning notice, clean within 24 hours.
After 10 or 30 days, demand the deposit in writing.
If that fails, file a claim in small claims court.

Neighboring states

Idaho sets 21 days and allows treble damages. Wyoming uses 30 days, North Dakota pays interest, and South Dakota caps deposits at one month.

Frequently asked questions

Is there a cap on security deposits in Montana?

No. MCA Title 70, ch. 25 sets no maximum.

How long does a Montana landlord have to return a deposit?

10 days if nothing is owed; otherwise 30 days after termination or surrender, with a written list.

Can a Montana landlord charge for cleaning?

Only after written notice and 24 hours for you to do the cleaning, unless you left without notice.

Is a non-refundable cleaning fee allowed in Montana?

A fee for cleaning and damage is presumed to be a security deposit, however it is labeled.

Sources

Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.

Other state guides

Not legal advice. Lamuko Rent Laws provides general legal information about state statutes, not legal advice, and using this site does not create an attorney-client relationship. Laws change and courts interpret them; city and county ordinances (for example Chicago, San Francisco or New York City rules) can be stricter than state law, and your lease or a subsidized-housing program may add terms. Fields marked “Verify with statute” have not yet been confirmed by us against the official text. Check the linked statute or talk to a licensed attorney or local legal-aid office before acting.