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States/Montana/Wrongful Withholding
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Montana Wrongful Security Deposit Withholding

MCA 70-25-204 makes a person who wrongfully withholds a residential security deposit liable for the amount wrongfully withheld or deducted, allows discretionary attorney fees to the prevailing party, and places the burden of proving tenant-caused damage on the landlord.

Last reviewed: August 30, 20262 official sources cited
Basic damagesWrongfully withheld amount

Subject to the facts and statute.

Damage burdenLandlord

For proving tenant-caused damage.

Before evaluating a remedy

  • Identify the applicable 30-day or 10-day timing route.
  • Preserve any written denial.
  • Keep the itemized list.
  • Keep condition evidence.
  • Document the exact amount still unpaid.
Use the current Montana Code and the actual notice/delivery facts. Educational information only.

Official sources

Montana LegislatureMCA 70-25-204 — Wrongful withholding ↗

Current MCA section covering wrongful withholding, landlord burden of proof and timing before suit.

Montana LegislatureMCA 70-25-202 — List of damages and refund ↗

Current 2025 MCA section covering the 30-day statement/refund rule and 10-day no-deduction return rule.

Related Montana guides

Security Deposit →30-Day Rule →10-Day No-Deduction Rule →Cleaning Notice →