Have a Renter Issue? Contact MontPIRG Today!
In Montana, there is nothing in code that limits what a landlord can charge for security deposits. That said negotiation of lease terms and rental cost is well within your rights, if the amount seems unreasonable or is prohibitive to your moving in, don’t hesitate to raise this with your landlord.
Yes, your landlord may deduct cleaning charges from your security deposit. However, you must be provided with a written list of all additional repair or cleaning and allow you 24 hours to complete those remaining tasks.
After the tenant has had the opportunity to complete any required cleaning and has returned the keys to the landlord, the landlord must deliver to the tenant, within 30 days, an itemized list of deductions from the security deposit along with any portion of the security deposit remaining.
Other issues such as worn carpet, fading paint or stained grout are firmly within the landlord’s responsibility.
If, after the final inspection, there is no further cleaning to be completed, no damages to the property for which the tenant is liable, no unpaid rent and the tenant can prove to the landlord that there are no outstanding utility bills for which the tenant is responsible, the landlord must return the full amount of the security deposit to the tenant within 10 days.
Source: 70-25-202
Any level of wear and tear caused by the tenant either through malice or negligence is able to be charged to the tenant, and is specified as the following:
"Damage" means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold.
Other issues such as worn carpet, fading paint or stained grout are firmly within the landlord’s responsibility.
