What are the legal obligations of a landlord in regards to the return of a tenant’s security deposit?
In Montana, a landlord is legally obligated to return a tenant’s security deposit no later than 30 days after the tenant has moved out of the rented property. If the security deposit is not returned within this time frame, the landlord must provide the tenant with written notice explaining why they are withholding the security deposit. This notice must be sent to the tenant’s last known address and must include the amount of the security deposit, any deductions made from it, and how the money was used. The landlord is legally obligated to return the security deposit to the tenant minus any deductions for damages, unpaid rent or utilities, and any reasonable cleaning expenses. In the event that damages or unpaid utilities and rent exceed the amount of the security deposit, the landlord may require the tenant to pay more than the security deposit to make up the difference. Ultimately, the goal is for the tenant to receive the full amount of their security deposit back, minus any valid deductions made by the landlord. It is important to note that landlords in Montana are prohibited from making any deductions from the security deposit for normal wear and tear of the rented property. This means that the landlord cannot make deductions for any minor repairs, such as painting walls or cleaning carpets, unless these repairs are necessary due to the tenant’s actions or negligence. If the tenant does not receive their security deposit back, or if they feel they are owed more than has been returned, they can pursue legal action against the landlord.
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