Montana security deposit itemization
A Montana landlord must send the itemized statement within 30 days after move-out. Miss it and the right to deduct for damage is gone. The generator checks the deadline, the delivery method and the documentation as you fill it in.
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What Montana requires
- Deadline
- 30 days after the tenancy ends or the premises are surrendered and accepted, whichever comes first; 10 days when nothing is deducted. Mailed notice counts as given 3 days after mailing, so mail by day 27 (day 7); the checklist counts those days.
- Delivery
- Hand delivery, mail with a certificate of mailing, certified mail, or email to the address in the rental agreement (complete on a read receipt); the refund itself may go by electronic transfer, check or mail.
- If it is late
- The forfeiture is of damage and cleaning charges; the landlord owes the amount wrongfully withheld and may owe attorney's fees.
- Condition record
- A separate written statement of the premises' condition, signed by the landlord and given at move-in; without it the landlord is barred from recovering damage or cleaning charges unless proved by clear and convincing evidence.
- Also
- Plain first-class mail is not notice; add a certificate of mailing. Cleaning charges cannot be deducted until the tenant has had written notice of the cleaning needed and 24 hours to do it, unless the tenant left without notice.
- Statute
- MCA §§ 70-25-201 to 70-25-206, 70-24-108
What goes on the statement
The deposit and the date it was received, each deduction with a specific description and amount, the total withheld, and the refund or balance owed. Montana landlords also record how and when the statement was sent, because the deadline is measured to that date. Damage lines should say what was damaged and how, not just a room name: a tenant, and a judge, can tell a burn mark from carpet wear.
Interest, a separate deposit account, receipts, photographs and a sworn attestation are only required in some states. The generator shows the fields Montana needs and leaves out the ones it does not.
Montana deposit FAQ
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