Sources checked:
Quick answer. Montana: deposit returned within 30 days; 30-day notice to end month-to-month; 3-day notice for unpaid rent; $7,000 small claims limit. 10 of 23 items are confirmed on official pages; 13 are marked not confirmed, with the page to check.
Key numbers
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 3 days
- Time to answer or appear
- 5 court days
- Judgment to writ
- No wait stated
- Writ to lockout
- Up to 5 court days
- Small claims limit
- $7,000
Security deposit (3 of 6 confirmed)
Law read: MCA 70-25-202 and 70-25-203.
-
Not confirmedDeposit limit
Not confirmed — check Montana Legislature: MCA 70-25-202, List of damages and refund. Not confirmed from official text. Check MCA Title 70, chapter 25.
-
ConfirmedReturn deadline
Within 30 days after the tenancy ends or the premises are surrendered and accepted: a written list of rent due and damage and cleaning charges with any balance. With no damage, cleaning or unpaid rent: the deposit within 10 days (70-25-202).
No deductions: 10 days
Source: Montana Legislature: MCA 70-25-202, List of damages and refund, checked November 2026
-
ConfirmedItemized list of deductions
A written list of rent due and damage and cleaning charges, with payment of the difference (70-25-202(1)(a)).
Source: Montana Legislature: MCA 70-25-202, List of damages and refund, checked November 2026
-
Not confirmedInterest on the deposit
Not confirmed — check Montana Legislature: MCA 70-25-202, List of damages and refund. Not confirmed from official text. Check MCA Title 70, chapter 25.
-
Not confirmedWhere the deposit is held
Not confirmed — check Montana Legislature: MCA 70-25-202, List of damages and refund. Not confirmed from official text. Check MCA Title 70, chapter 25.
-
ConfirmedPenalty the law states
Without the written list, the landlord forfeits all rights to withhold for damage or cleaning (70-25-203).
Source: Montana Legislature: MCA 70-25-202, List of damages and refund, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (2 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | 30 days' notice to end a month-to-month tenancy. | Source: Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023), checked November 2026 (MCA 70-24-441(2)) |
| Ending month-to-month (tenant) | Not confirmed — check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023). The court packet covers the landlord's notice only. Check MCA 70-24-441. | |
| Rent increase notice | Not confirmed — check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023). Not in the court packet. Check MCA Title 70, Chapter 24. | |
| Unpaid rent notice | 3 days after the tenant receives the notice to pay in full or move out. The count starts the day after hand delivery and includes weekends and holidays; mailed notice starts running on the 3rd day after mailing. If mailed, the court packet says the period starts on the 3rd day after mailing. | Source: Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023), checked November 2026 (MCA 70-24-422(2)) |
| Entry notice | Not confirmed — check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023). Not in the court packet. Check MCA 70-24-312. | |
| Late fee limits | Not confirmed — check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023). Not in the court packet. Check MCA Title 70, Chapter 24. |
More: Notice periods by state · Notice date calculator
Eviction case, in order (4 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: 3 days after the tenant receives the notice to pay in full or move out. The count starts the day after hand delivery and includes weekends and holidays; mailed notice starts running on the 3rd day after mailing.
- Filing the case Where the case goes and what it costs to start.
-
Not confirmedCourt
Not confirmed — check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23). Not confirmed on an official page we opened.
-
Not confirmedFiling fee
Not confirmed — check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23). Not confirmed on an official page we opened.
-
- The tenant's answer or appearance
-
ConfirmedTime to answer or appear
Five business days to file an Answer; the hearing must then be held within 10 business days of the Answer.
You have 5 business days to file your Answer with the Clerk of Court.
Source: Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23), checked November 2026
-
- Hearing or trial
-
Not confirmedHearing after filing
Not confirmed — check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23). Not confirmed on an official page we opened.
-
- Judgment and the writ The order that lets the officer act.
-
ConfirmedJudgment to writ
If possession is granted, the court issues the writ of possession and writ of assistance immediately.
the court shall issue a writ of possession and a writ of assistance immediately
Source: Montana Code Annotated 70-24-427: Landlord's remedies after termination, action for possession, checked November 2026
-
- Lockout Carried out by an officer, not by either side.
-
ConfirmedWrit to lockout
The sheriff executes the writ of assistance within 5 business days of receiving it, unless the landlord and sheriff agree otherwise.
within 5 business days of the sheriff receiving the writ
Source: Montana Code Annotated 70-24-427: Landlord's remedies after termination, action for possession, checked November 2026
-
ConfirmedWho carries out the lockout
The sheriff executes the writ of assistance.
within 5 business days of the sheriff receiving the writ
Source: Montana Code Annotated 70-24-427: Landlord's remedies after termination, action for possession, checked November 2026
-
- Along the way Paying to stop the case, counsel and diversion programs.
-
Not confirmedPaying to stop the case
Not confirmed — check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23). Not confirmed on an official page we opened.
-
Not confirmedRight to counsel (statewide)
Not confirmed — check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23). Not confirmed on an official page we opened.
-
Not confirmedDiversion or mediation (statewide)
Not confirmed — check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23). Not confirmed on an official page we opened.
-
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer due (if served the day of filing) | Monday, March 8, 2027 |
Help the official pages name: Montana Legal Services Association, free legal help for low-income people.
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
-
ConfirmedSmall claims limit (for a deposit dispute)
$7,000: the most a small claims case can ask for.
MCA 25-35-502 (2025 code): small claims jurisdiction over actions for recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced. Last amended 2011 (Ch. 284, L. 2011). A Montana courts justice court form also states real estate eviction cases cannot be filed in small claims.
Source: Montana Judicial Branch: Civil Complaints vs. Small Claims (justice court form, rev. 07/13), checked November 2026
More: Montana small claims court
Still to confirm
- Deposit limit: check Montana Legislature: MCA 70-25-202, List of damages and refund
- Interest on the deposit: check Montana Legislature: MCA 70-25-202, List of damages and refund
- Where the deposit is held: check Montana Legislature: MCA 70-25-202, List of damages and refund
- Ending month-to-month (tenant): check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023)
- Rent increase notice: check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023)
- Entry notice: check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023)
- Late fee limits: check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023)
- Court: check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23)
- Filing fee: check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23)
- Hearing after filing: check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23)
- Paying to stop the case: check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23)
- Right to counsel (statewide): check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23)
- Diversion or mediation (statewide): check Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23)
Montana kit
Montana Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the Montana return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How long does a Montana landlord have to return a deposit?
Within 30 days after the tenancy ends or the premises are surrendered and accepted: a written list of rent due and damage and cleaning charges with any balance. With no damage, cleaning or unpaid rent: the deposit within 10 days (70-25-202). What goes with it: A written list of rent due and damage and cleaning charges, with payment of the difference (70-25-202(1)(a)).
How much notice ends a month-to-month tenancy in Montana?
From the landlord: 30 days' notice to end a month-to-month tenancy.
What notice comes before an unpaid-rent case in Montana?
3 days after the tenant receives the notice to pay in full or move out. The count starts the day after hand delivery and includes weekends and holidays; mailed notice starts running on the 3rd day after mailing.
How long does an eviction case take in Montana?
Time to answer or appear: 5 court days. Judgment to writ: No wait stated. Writ to lockout: Up to 5 court days. These are the stated rules; the court's calendar often takes longer.
Can a Montana deposit dispute go to small claims court?
The small claims limit in our data: $7,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
How much can a security deposit be in Montana?
Not confirmed in our data files. Check Montana Legislature: MCA 70-25-202, List of damages and refund (https://mca.legmt.gov/bills/mca/title_0700/chapter_0250/part_0020/section_0020/0700-0250-0020-0020.html).
How much notice before a landlord enters a rental in Montana?
Not confirmed in our data files. Check Montana Judicial Branch, Commission on Self-Represented Litigants: Giving your tenant notice to vacate (updated April 18, 2023) (https://courts.mt.gov/external/library/forms/landlord/notice_vacate.pdf).
Related: Landlord rules by state · Kits for landlords