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

Check the filing court’s current fee schedule; service charges may be additional

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.

Build a Montana security-deposit letter

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

The relevant court is Small Claims Court (Justice Court). Limit: $7,000. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. A dollar limit alone does not establish eligibility; check the court’s claim, venue and service requirements.

Read the limit source

Small-claims limit source checked: 2026-09-29. This date does not apply to the other laws on this page.

How Montana compares

The same dispute is worth pursuing in one state and barely worth the paperwork in another. Here is where Montana actually sits.

  • Small Claims Court (Justice Court) in Montana: $7,000. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Limits are not directly comparable across states because court, plaintiff and claim-specific rules differ.

  • Montana sits on the national norm — 30 days (10 days if there are no deductions) for a landlord to return the deposit, 15th tightest of the 51 and level with the 30-day median. Diarise the date you moved out and count from there. Montana attaches no statutory multiplier, so your leverage is the filing threat and the Mont. Code § 70-25-201 to § 70-25-206 citation rather than a penalty number.

  • Montana is comparatively forgiving on timing: 8 years on a written contract, 2 years longer than the 6-year median for written contracts and 10th longest of the 51. That is breathing room, not licence — evidence and memories decay long before the 8 years do, and oral agreements run out at 5.

For a $1,500 deposit, document the amount withheld and any deductions. Confirm the available remedies under the governing statute before demanding penalties. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional.

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): $7,000. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Check the linked source for eligibility, venue and claim-specific exceptions.
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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