Montana § 70-25-204 Wrongful Withholding Of Security Deposit -- Action

Montana Statutes

§ 70-25-204 — Wrongful Withholding Of Security Deposit -- Action

Montana § 70-25-204

Title 70PROPERTY

Ch. 25RESIDENTIAL TENANTS' SECURITY DEPOSITS

Part 2Rights and Duties

This text of Montana § 70-25-204 (Wrongful Withholding Of Security Deposit -- Action) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-25-204 (2026).

Text

70-25-204 . Wrongful withholding of security deposit -- action.

(1)A person who wrongfully withholds a residential property security deposit or any portion of the deposit is liable in damages to the tenant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. The attorney fees may be awarded the prevailing party at the discretion of the court. The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord.

(2)An action may not be maintained by a tenant for any amount wrongfully withheld or deducted prior to:

(a)the tenant's receipt from the landlord or the landlord's agent of a written denial of the sum alleged to be wrongfully detained;

(b)the expiration of a 30-day period after the termination of a

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70-25-204 . Wrongful withholding of security deposit -- action. (1) A person who wrongfully withholds a residential property security deposit or any portion of the deposit is liable in damages to the tenant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. The attorney fees may be awarded the prevailing party at the discretion of the court. The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord.
(2) An action may not be maintained by a tenant for any amount wrongfully withheld or deducted prior to:
(a) the tenant's receipt from the landlord or the landlord's agent of a written denial of the sum alleged to be wrongfully detained;
(b) the expiration of a 30-day period after the termination of a tenancy;
(c) the expiration of a 30-day period after surrender and acceptance of the leasehold premises; or
(d) the expiration of a 10-day period after the landlord has indicated there were no damages to the premises, no cleaning was required, no rent was unpaid, and no utilities were unpaid by the tenant.