Montana · MT

Demand letters in Montana.

In Montana, landlords must return a deposit within 30 days (10 days if there are no deductions), and the Small Claims Court (Justice Court) hears claims up to $7,000. Here's the law you need — and a generator that cites it for you.

By The Demand Letter Kit Team Sourced from official statutesUpdated June 1, 2026

Montana demand letter facts at a glance

Deposit return deadline

30 days (10 days if there are no deductions)

Small claims limit

$7,000

Filing fee

About $30–$50

Written-contract SOL

8 years

Personal-injury SOL

3 years

Legal/judgment interest

10% per year (post-judgment) where no contract rate applies.

Security deposit demand letters in Montana

If your former landlord is holding your deposit, Montana law is on your side. A landlord must return your security deposit within 30 days (10 days if there are no deductions), along with an itemized statement of any deductions. Bad-faith retention can expose the landlord to the wrongfully withheld amount plus a penalty and attorney’s fees.

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Statutes of limitation in Montana

A demand letter doesn't pause the clock — you must file suit within these windows:

Written contracts 8 years
Oral contracts 5 years
Personal injury 3 years
Property damage 2 years

Small claims court in Montana

If your demand letter is ignored, Montana's Small Claims Court (Justice Court) is usually the next step. It hears claims up to $7,000, with filing fees around About $30–$50. You typically don't need a lawyer, and mentioning that you're prepared to file gives your letter real weight.

Montana courts self-help

Good to know in Montana

Montana uses a two-speed deadline: 10 days to return the deposit if there are no deductions, or 30 days if the landlord is itemizing damages. A bad-faith landlord can owe the withheld amount plus a penalty and attorney’s fees. Small claims in the Justice Court covers up to $7,000, and attorneys may appear only with both parties’ consent. Montana’s eight-year written-contract limitations period is longer than most, useful for older written debts.

Montana demand letter FAQ

How long does a landlord have to return a security deposit in Montana?
In Montana, a landlord generally must return your security deposit within 30 days (10 days if there are no deductions). Bad-faith retention can expose the landlord to the wrongfully withheld amount plus a penalty and attorney’s fees. The governing statute is Mont. Code § 70-25-201 to § 70-25-206.
What is the small claims court limit in Montana?
Montana's Small Claims Court (Justice Court) hears claims up to $7,000, with filing fees of roughly About $30–$50. Most demand-letter disputes fall within this limit, which is what makes a demand letter such effective leverage.
How long do I have to sue in Montana?
Montana's statute of limitations is 8 years for written contracts, 5 years for oral contracts, 3 years for personal injury, and 2 years for property damage. Sending a demand letter does not pause these deadlines, so don't wait too long.
Do I have to send a demand letter before filing in Montana?
Montana does not always require a demand letter before suing, but sending one is strongly recommended: many courts expect it, it can resolve the dispute without filing, and it documents that you tried to settle in good faith — which helps your case if you do end up in Small Claims Court (Justice Court).

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