Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 25. RESIDENTIAL TENANTS' SECURITY DEPOSITS · Part 2. Rights and Duties
Montana Code Annotated

Mont. Code Ann. § 70-25-201 (2026)

Security Deposit -- Deductions Authorized Therefrom

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 25
  4. Part 2
  5. 70-25-201 Security deposit -- deductions authorized therefrom

TITLE 70. PROPERTY

CHAPTER 25. RESIDENTIAL TENANTS' SECURITY DEPOSITS

Part 2. Rights and Duties

Security Deposit -- Deductions Authorized Therefrom

70-25-201. Security deposit -- deductions authorized therefrom. (1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under 70-24-441(3), and a sum for actual cleaning expenses, including a reasonable charge for the landlord's labor.

(2) At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy.

(3) (a) Cleaning charges may not be imposed for normal maintenance performed on a cyclical basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may not be deducted until written notice has been given to the tenant. The notice must include the cleaning not accomplished by the tenant and the additional amount and type or types of cleaning that need to be done by the tenant to bring the premises back to its condition at the time of its renting.

(b) After the delivery of the notice pursuant to 70-24-108 or 70-33-106, the tenant has 24 hours to complete the required cleaning, unless the rental agreement is already terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court. If the notice is mailed by certified mail, service of the notice is considered to have been made 3 days after the date of the mailing.

(c) A tenant who fails to notify the landlord of the intent to vacate or who vacates the premises without notice relieves the landlord of the requirement of giving notice and allows the landlord to deduct the cleaning charges from the deposit, or the landlord may leave a copy of the notice in a conspicuous location in the rental unit and notify the tenant by e-mail, phone, or text, and notice is considered delivered.

(4) A person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section.

History: En. 42-303 by Sec. 3, Ch. 219, L. 1974; amd. Sec. 2, Ch. 297, L. 1977; R.C.M. 1947, 42-303; amd. Sec. 14, Ch. 115, L. 1979; amd. Sec. 2, Ch. 505, L. 1991; amd. Sec. 1, Ch. 342, L. 1993; amd. Sec. 4, Ch. 389, L. 1995; amd. Sec. 5, Ch. 401, L. 1997; amd. Sec. 9, Ch. 536, L. 2021; amd. Sec. 2, Ch. 383, L. 2023; amd. Sec. 1, Ch. 656, L. 2025.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1995–2021 · leading case: Summers v. Crestview Apts., 2010 MT 164 (Mont. 2010).
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Summers v. Crestview Apts., 2010 MT 164 (Mont. 2010). · cites it 52× “Section 70-25-201(1), MCA, of the Security Deposits Act, provides: A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late…”
Hines v. Topher Realty LLC., 2018 MT 44 (Mont. 2018). · cites it 32× “¶1 Elizabeth Jane Hines (Hines) appeals from the First Judicial District Court's order reversing the Justice Court's order which found Topher Realty LLC (Topher) failed to comply with § 70-25-201, MCA, and therefore, Hines was entitled to a return of her security deposit.”
Solem v. Chilcote, 906 P.2d 209 (Mont. 1995). · cites it 8× “He points out that the 48-hour notice requirement of § 70-25-201, MCA (1991), refers exclusively to cleaning.”
Aiking-Taylor v. Serang, 2021 MT 118N (Mont. 2021). · cites it 6× “The notice states further that Aiking-Taylor already had paid for the 5 cleaning to be done, denying Serang the opportunity to remedy the alleged damages himself pursuant to § 70-25-201, MCA. Finally, Aiking-Taylor claims the District Court misinterpreted the applicable law, but…”
Duram v. Ploeger, 2017 MT 17N (Mont. 2017). · cites it 12× “He argued that the Ploegers’ failure to comply with § 70-25-201, MCA, precludes a damages recovery under § 70-24-422(5), MCA.”
Mont. Code Ann. § 70-25-201(1): 3 cases
Summers v. Crestview Apts., 2010 MT 164 (Mont. 2010). “Section 70-25-201(1), MCA, of the Security Deposits Act, provides: A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late…”
Hines v. Topher Realty LLC., 2018 MT 44 (Mont. 2018). “¶1 Elizabeth Jane Hines (Hines) appeals from the First Judicial District Court's order reversing the Justice Court's order which found Topher Realty LLC (Topher) failed to comply with § 70-25-201, MCA, and therefore, Hines was entitled to a return of her security deposit.”
Duram v. Ploeger, 2017 MT 17N (Mont. 2017). “He argued that the Ploegers’ failure to comply with § 70-25-201, MCA, precludes a damages recovery under § 70-24-422(5), MCA.”
Mont. Code Ann. § 70-25-201(2): 1 case
Hines v. Topher Realty LLC., 2018 MT 44 (Mont. 2018). “¶1 Elizabeth Jane Hines (Hines) appeals from the First Judicial District Court's order reversing the Justice Court's order which found Topher Realty LLC (Topher) failed to comply with § 70-25-201, MCA, and therefore, Hines was entitled to a return of her security deposit.”
Mont. Code Ann. § 70-25-201(3): 4 cases
Hines v. Topher Realty LLC., 2018 MT 44 (Mont. 2018). “¶1 Elizabeth Jane Hines (Hines) appeals from the First Judicial District Court's order reversing the Justice Court's order which found Topher Realty LLC (Topher) failed to comply with § 70-25-201, MCA, and therefore, Hines was entitled to a return of her security deposit.”
Solem v. Chilcote, 906 P.2d 209 (Mont. 1995). “He points out that the 48-hour notice requirement of § 70-25-201, MCA (1991), refers exclusively to cleaning.”
Aiking-Taylor v. Serang, 2021 MT 118N (Mont. 2021). “The notice states further that Aiking-Taylor already had paid for the 5 cleaning to be done, denying Serang the opportunity to remedy the alleged damages himself pursuant to § 70-25-201, MCA. Finally, Aiking-Taylor claims the District Court misinterpreted the applicable law, but…”
Duram v. Ploeger, 2017 MT 17N (Mont. 2017). “He argued that the Ploegers’ failure to comply with § 70-25-201, MCA, precludes a damages recovery under § 70-24-422(5), MCA.”
Mont. Code Ann. § 70-25-201(4): 1 case
Summers v. Crestview Apts., 2010 MT 164 (Mont. 2010). “Section 70-25-201(1), MCA, of the Security Deposits Act, provides: A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late…”
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