Montana Security Deposit
Montana Security Deposits

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Montana SECURITY DEPOSITS

A security deposit is money given by a tenant, generally in advance, to secure payment to a landlord for damage to, or cleaning of the rented premises, or to secure payment of rent to the landlord. A landlord who requires a security deposit must give a new tenant, before that tenant moves in, a statement of the condition of the premises.

All communications should be done via Certified Mail, Return Receipt Requested. 

LIMITS:

The Montana Landlord can charge up to one month's rent.

The Montana Landlord can charge a PET DEPOSIT of up to $1,500.

When you give the landlord a deposit, be sure to get AND keep the receipt EVEN if you give the landlord a check or money order. The amount you give should also be on the lease. Verify the correct is on the lease.

INTEREST ON SECURITY DEPOSIT
If the Montana Security Deposit is held for more than NINE MONTHS, interest must be paid.

However, some cities may have enacted their own laws with respect to this.

RETURN OF THE SECURITY DEPOSIT

Montana landlords cannot withhold money for cleaning charges unless the landlord gives the departing tenant written notice of cleaning which needs to be done, and gives the tenant 24 hours to complete the cleaning. 

A landlord also cannot withhold money for cleaning or damages unless the landlord gives the tenant, within 30 days after the tenancy is terminated, a written list of any rent due and damage and cleaning charges.

With the list, the landlord must return the balance of the security deposit not kept for cleaning, damages, or unpaid rent. 

The tenant should provide the landlord the landlord with address the security may be delivered to. Failure to do so may waive your rights to the time requirements your some of your rights against the landlord.

If after inspections there is no unpaid rent due, no damage or cleaning expenses, and no unpaid utilities owing by tenant, the landlord is required to return the security deposit within ten (10) days.

FAILURE TO RETURN THE SECURITY DEPOSIT
Notify the landlord, in writing, of their failure to return the deposit.

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