Renters' Rights · Security Deposit
Security Deposit Laws in Montana
The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in Montana.
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What your landlord can hold, and when it's due back
Enter your rent for the Montana maximum, plus the return-deadline clock.
Estimate only, based on Montana's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.
The full rules, with the statute
Every requirement and where it comes from in the code.
Exceptions: Montana Code Annotated Chapter 70-25 places no limit on how large a residential security deposit can be. A landlord may set the amount by agreement. One to two months of rent is common in practice, but that is a market convention, not a legal ceiling.
Penalties & recent changes
What happens if the landlord keeps your deposit wrongfully.
What Montana renters get wrong
Montana sets no maximum on a residential security deposit, so the amount is whatever you and the landlord agree to, though one to two months of rent is typical. The return timeline splits in two. If the landlord takes no deductions, the full deposit is due back within 10 days. If the landlord deducts for unpaid rent, damage, or cleaning, it must instead deliver a written itemized list of those charges and pay any remaining balance within 30 days. That 30-day window runs from whichever happens first: the tenancy ending, or you handing back the unit and the landlord accepting it. A landlord who never sends the required written list gives up the right to keep any of your deposit for damage or cleaning. Montana does not require the landlord to pay interest on your deposit or to hold it in a separate account.
Common questions
How much can a landlord charge for a security deposit in Montana?
There is no legal maximum. Montana Code Annotated Chapter 70-25 does not cap the amount, so the deposit is set by your rental agreement. One to two months of rent is common, but that is custom, not a statutory limit.
How long does a Montana landlord have to return my deposit?
It depends on deductions. If the landlord takes nothing out, the full deposit is due within 10 days. If the landlord deducts for rent, damage, or cleaning, it must send you a written itemized list and pay any balance within 30 days of the tenancy ending or your surrender being accepted, whichever comes first.
What happens if my Montana landlord never sends an itemized list?
The landlord forfeits the right to keep any part of the deposit for damage or cleaning charges (Mont. Code Ann. 70-25-203). If the landlord still wrongfully withholds money, you can sue for the amount wrongfully withheld, and the court may award attorney fees to the prevailing party.
Does my Montana landlord have to pay interest or use a separate account?
No. Montana law does not require a landlord to pay interest on your security deposit, and it does not require the deposit to be held in a separate or escrow account. Chapter 70-25 is silent on both points.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.