Montana Security Deposit Demand Letter — Force Your Landlord to Pay Up

Montana landlords get 30 days after termination or surrender for the itemized list plus payment — but only 10 days when there are no damages, no cleaning, no unpaid rent, and utilities are shown paid (Mont. Code Ann. § 70-25-202(1)).

Miss that obligation and the law has teeth: Forfeiture; bad faith doubles it. Missing the written-list window forfeits the right to deduct anything (§ 70-25-203). Bad-faith withholding adds damages equal to the amount withheld (§ 70-25-204), plus costs and attorney fees.

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Your Rights Under Mont. Code Ann. §§ 70-25-201 to -204

Montana's deposit law is specific. The rights worth knowing before you write:

• The deadline: 30 days (10 if no deductions). Montana landlords get 30 days after termination or surrender for the itemized list plus payment — but only 10 days when there are no damages, no cleaning, no unpaid rent, and utilities are shown paid (Mont. Code Ann. § 70-25-202(1)).
• The penalty: Forfeiture; bad faith doubles it. Missing the written-list window forfeits the right to deduct anything (§ 70-25-203). Bad-faith withholding adds damages equal to the amount withheld (§ 70-25-204), plus costs and attorney fees.
• Itemization is mandatory. A written list of rent due, damage, and cleaning charges, delivered with the refund difference. Cleaning charges require prior written notice and a chance to clean (§ 70-25-201).
• Worth knowing. No deposit cap in Montana.

What Your Landlord Can — and Can't — Keep

Legitimate deductions

• Unpaid rent you actually owe
• Cleaning needed to return the unit to its condition at move-in (minus ordinary wear)
• Repair of damage beyond normal wear and tear — holes in walls, broken fixtures, pet damage

NOT legitimate deductions

• Normal wear and tear — faded paint, minor scuffs, small nail holes, worn carpet from ordinary use
• Repainting or re-carpeting due simply to age
• Pre-existing damage that was there when you moved in
• Charges with no itemization or receipts where Mont. Code Ann. §§ 70-25-201 to -204 requires them

How to Write a Montana Security Deposit Demand Letter

An effective letter does four things: states the facts, cites Mont. Code Ann. §§ 70-25-201 to -204 by name, makes a specific dollar demand with a firm deadline, and spells out the consequences if the landlord doesn't comply. Mailing to your last-known address shields a landlord from “wrongful withholding” — but your demand letter's forwarding address removes that shield while the underlying debt survives. If you were never offered a move-out inspection within a week of lease end, say so. Here's how the opening of a strong one reads:

If the Letter Doesn't Work: Montana Small Claims

Small claims court

Most deposit cases that get this far are filed in small claims court in the county where the rental sits — no attorney required. Bring the lease, move-in/move-out photos, your dated demand letter, and proof of delivery. The demand letter matters in court: it shows the judge you gave the landlord every chance to comply with Mont. Code Ann. §§ 70-25-201 to -204, and it anchors the penalty math — forfeiture; bad faith doubles it.

Your county's tenant resources

Many Montana counties run free tenant help lines, legal-aid clinics, or court self-help centers that will review a deposit case at no charge. Search your county name plus “tenant legal aid” — and bring the same paper trail.

Already hearing from a collection agency?

Landlords hand move-out balances to a small set of specialist collectors. If the letter is from National Credit Systems, Hunter Warfield, IQ Data International, or Source RM, we have a company-specific response guide for each — and the demand letter on this page still applies, because a landlord who missed the statutory deadline may owe you money regardless of who is calling. Any other collector: see the collection agency index and your state’s rules in the debt statute of limitations guide.