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

Mont. Code Ann. § 70-25-202 (2026)

List Of Damages And Refund -- Delivery To Departing Tenant

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 25
  4. Part 2
  5. 70-25-202 List of damages and refund -- delivery to departing tenant

TITLE 70. PROPERTY

CHAPTER 25. RESIDENTIAL TENANTS' SECURITY DEPOSITS

Part 2. Rights and Duties

List Of Damages And Refund -- Delivery To Departing Tenant

70-25-202. List of damages and refund -- delivery to departing tenant. (1) Except as provided in subsection (2):

(a) (i) Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201.

(ii) Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 or 70-33-106.

(b) (i) If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days.

(ii) Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 and 70-33-106.

(c) It is not a wrongful withholding of security deposit funds if the landlord mails the funds to the last-known address of a tenant who has departed and the tenant does not receive the funds because the tenant has not given the landlord the tenant's new address, but the landlord remains liable to the tenant for the amount due the tenant.

(2) This section does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court.

History: En. 42-304 by Sec. 4, Ch. 219, L. 1974; amd. Sec. 3, Ch. 297, L. 1977; R.C.M. 1947, 42-304; amd. Sec. 3, Ch. 505, L. 1991; amd. Sec. 1, Ch. 241, L. 2001; amd. Sec. 3, Ch. 383, L. 2023; amd. Sec. 2, 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 14× “Section 70-25-202(1), MCA, provides: Every landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of…”
Solem v. Chilcote, 906 P.2d 209 (Mont. 1995). · cites it 4× “The landlord also contends he properly provided the tenants with a list of damages and a partial refund as required under § 70-25-202, MCA. The tenants argue that damage to property, by nature, is very similar to cleaning charges and therefore the tenants should be allowed an…”
Guethlein v. Fam. Inn, 2014 MT 121 (Mont. 2014). · cites it 2× “See § 70-25-202(1), MCA. Guethlein asserted that, by failing to return the security deposit within 30 days, Family Inn forfeited any right to make deductions from the deposit pursuant to § 70-25-203, MCA, and she demanded return of the full $500 deposit.”
Aiking-Taylor v. Serang, 2021 MT 118N (Mont. 2021). “After considering the summary judgment record and the parties’ arguments, the District Court found undisputed that Aiking-Taylor did not provide Serang with a notice of necessary cleaning to be performed pursuant to § 70-25-201(3), MCA, or with a list of damage and cleaning…”
Duram v. Ploeger, 2017 MT 17N (Mont. 2017). · cites it 3× “Moreover, and as determined by the Justice Court, the Ploegers failed to comply with § 70-25-202, MCA, which requires a landlord to provide a written list of damage and cleaning charges to a departing tenant within 30 days of surrender of the premises.”
Mont. Code Ann. § 70-25-202(1): 2 cases
Summers v. Crestview Apts., 2010 MT 164 (Mont. 2010). “Section 70-25-202(1), MCA, provides: Every landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of…”
Guethlein v. Fam. Inn, 2014 MT 121 (Mont. 2014). “See § 70-25-202(1), MCA. Guethlein asserted that, by failing to return the security deposit within 30 days, Family Inn forfeited any right to make deductions from the deposit pursuant to § 70-25-203, MCA, and she demanded return of the full $500 deposit.”
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