lease-provisions

Montana Security Deposit Law

Author: Kasee Godwin
Date: 11.13.2023

Understanding Montana Security Deposit Law

Navigating the complexities of Montana’s security deposit law can be a challenge for both landlords and tenants. This guide aims to demystify the rules and regulations, ensuring you stay informed and compliant.

What is a Security Deposit in Montana?

A security deposit in Montana serves as a financial buffer for landlords against potential damages or unpaid rent caused by tenants. It’s an essential component of a rental agreement, providing security for the property owner.

Montana Security Deposit Law: Key Provisions

Under Montana law, landlords have the right to deduct from the security deposit for damages beyond normal wear and tear, unpaid rent, late charges, utilities, penalties stipulated in the lease, and cleaning expenses​​.

Limits on Security Deposit Amount

Montana does not limit the amount a landlord can collect for a security deposit. This contrasts with many other states where the security deposit is often capped at a certain amount, like one month’s rent​​​​​​​​​​.

Refund Timeline

Regarding refunding the security deposit, Montana law requires landlords to return it within 30 days after a tenant moves out. However, if there are no deductions from the deposit, the refund should occur within ten days​​​​.

Separate Account Requirement

Unlike some states, Montana law does not require landlords to hold security deposits in a separate account. Instead, landlords in Montana can combine security deposits with other funds​​.

Interest on Security Deposits

In Montana, landlords are not required to pay interest on held security deposits​​.

Inspection Rights

Both landlords and tenants have the right to inspect the property one week before the tenancy ends. This ensures that both parties agree on the property’s condition at the end of the lease term.

Cleaning Charges and Normal Maintenance

Montana law specifies that landlords cannot impose cleaning charges for regular maintenance. However, if a tenant’s negligence necessitates additional cleaning, the landlord may charge for these extra efforts. Tenants must receive written notice of any cleaning deficiencies and are given 24 hours to address them​​.

Restrictions on Deductions

Landlords are prohibited from deducting from the security deposit for purposes other than those specified by the law. This includes any arbitrary or unwarranted charges unrelated to tenant-caused damages or obligations​​.

Disclaimer

Qira aims to keep this information as up-to-date as possible. The content provided here is informational and should be different from legal counsel. Please refer to the relevant government sources to check for any changes or updates to the law.

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Kasee Godwin

Position: Director of Marketing
Social Networks

Kasee is the Director of Marketing for Qira. She has nearly 15 years of experience in the real estate marketing industry, including 10 years on the client side. In her spare time, she enjoys reading science fiction, exploring new wineries, and fostering Golden Retrievers.

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