Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 25. RESIDENTIAL TENANTS' SECURITY DEPOSITS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 70-25-101 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 25
  4. Part 1
  5. 70-25-101 Definitions

TITLE 70. PROPERTY

CHAPTER 25. RESIDENTIAL TENANTS' SECURITY DEPOSITS

Part 1. General Provisions

Definitions

70-25-101. Definitions. As used in this chapter, the following definitions apply:

(1) "Cleaning expenses" means the actual and necessary cost of cleaning done by an owner or the owner's selected representative for cleaning needs not attributable to normal wear brought about by the tenant's failure to bring the premises to the condition it was at the time of renting.

(2) "Damage" means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold.

(3) "Leasehold premises" means the premises occupied by the tenant together with all common areas, recreational facilities, parking areas, and storage facilities to which the tenant has access, as well as all personal property owned or controlled by the landlord the use of which is permitted to the tenant.

(4) "Security deposit" means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises. If a leasehold agreement or an agreement incident to a leasehold agreement requires the tenant or prospective tenant to provide or maintain in effect any deposit to the landlord for part or all of the term of the leasehold agreement, the deposit must be presumed to be a security deposit. A fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit.

History: En. 42-301 by Sec. 1, Ch. 219, L. 1974; amd. Sec. 1, Ch. 297, L. 1977; R.C.M. 1947, 42-301; amd. Sec. 1, Ch. 505, L. 1991; amd. Sec. 2181, Ch. 56, L. 2009.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1985–2021 · leading case: Hayes v. Hartelius, 697 P.2d 1349 (Mont. 1985).
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Hayes v. Hartelius, 697 P.2d 1349 (Mont. 1985). · cites it 3× “(3) Section 70-25-101(4), MCA, of the Montana Security Deposit Act does not apply to this case.”
Worledge v. Riverstone Residential Grp., LLC, 2015 MT 142 (Mont. 2015). “Tenants’ First Amended Complaint alleged that rental agreements at all four apartment complexes were almost identical and contained provisions that violated the Montana Residential Landlord and Tenant Act (Landlord-Tenant Act), §§ 70-24-101 through 442, MCA, and the Montana…”
Aiking-Taylor v. Serang, 2021 MT 118N (Mont. 2021). · cites it 2× “” See § 70-25-101(4), MCA. Aiking-Taylor does not dispute this holding either.”
Duram v. Ploeger, 2017 MT 17N (Mont. 2017). · cites it 4× “” Duram relies on § 70-25-101(4), MCA, which defines “security deposit” as: [V]alue given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises.”
Mont. Code Ann. § 70-25-101(4): 3 cases
Hayes v. Hartelius, 697 P.2d 1349 (Mont. 1985). “(3) Section 70-25-101(4), MCA, of the Montana Security Deposit Act does not apply to this case.”
Aiking-Taylor v. Serang, 2021 MT 118N (Mont. 2021). “” See § 70-25-101(4), MCA. Aiking-Taylor does not dispute this holding either.”
Duram v. Ploeger, 2017 MT 17N (Mont. 2017). “” Duram relies on § 70-25-101(4), MCA, which defines “security deposit” as: [V]alue given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises.”
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