What are the laws governing the return of a security deposit after a tenant moves out?
In Montana, the Landlord and Tenant Law requires landlords to return security deposits to tenants within 14 days of the tenant vacating the property. The tenant is required to provide written notice of their forwarding address for the return of the deposit. The landlord may deduct reasonable charges for damages from the security deposit, but these charges must be itemized in writing and sent to the tenant within 30 days of tenant vacating the property, along with the remainder of the security deposit. The landlord is not permitted to charge for damages due to normal wear and tear, nor for damages for which the tenant is not responsible. The tenant has the right to dispute any deductions made from the security deposit and to sue the landlord for the wrongfully withheld funds. The court may order the landlord to return the deposit and pay the tenant up to three times the amount of the deposit if the deductions are deemed to be improper. Finally, the landlord must also return any unused portion of the security deposit to the tenant, if the tenant has complied with all the lease provisions. Montana law requires landlords to either provide an itemized statement or a receipt for any amounts withheld from the security deposit.
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