Can My Landlord Deduct Normal Wear and Tear from My Deposit in Montana?
Researched by the DepositHawk Research Team · Last updated: 2026-06-11 · Verified 2026-06-11
No — landlords in Montana generally cannot deduct for normal wear and tear from a security deposit.
Deadline check
Where are you with your deposit?
Besides the normal wear and tear charge itself, check the timing. Montana landlords have 30 days after move-out to return the deposit under Mont. Code Ann. § 70-25-202.
Under Mont. Code Ann. § 70-25-202, normal wear and tear is not a permissible deduction in Montana. Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear. If your landlord has charged you for this, you may have grounds to dispute the deduction and recover the withheld amount.
Source: Mont. Code Ann. § 70-25-202. Verified 2026-06-11.
What Counts as Normal Wear and Tear in Montana?
In Montana, normal wear and tear is generally not a deductible charge against a security deposit. Landlords here have 30 days from move-out to return it, under Mont. Code Ann. § 70-25-202, and one who misses that window owes no multiple or flat sum.
Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear.
Common examples in this category:
- Small nail holes from hanging pictures
- Minor scuffs or marks on walls from normal use
- Faded or worn carpet from regular foot traffic
- Loose door hinges from regular use
- Light scratches on hardwood floors from normal use
How Much Can My Montana Landlord Charge for Normal Wear and Tear?
Nothing. Normal wear and tear is not a chargeable deduction under Mont. Code Ann. § 70-25-202 — no dollar amount, receipt, or lease clause makes it billable.
What Montana Law Says Under Mont. Code Ann. § 70-25-202
Landlords in Montana must return a tenant's full security deposit within 30 days of move-out, or send a written itemized statement of every deduction within that same window. A landlord who misses that deadline owes no multiple or flat sum.
Montana Deposit Key Facts
- Statute
- Mont. Code Ann. § 70-25-202
- Return Deadline
- 30 days after move-out
- Penalty for Wrongful Withholding
- None beyond the deposit itself
- Itemized Statement Required
- Yes
What Your Montana Landlord CAN Deduct
In Montana, the statute lets landlords deduct unpaid rent and documented damage beyond normal wear when the charge is itemized. Every deduction must be itemized within 30 days, and a landlord who skips that step owes no multiple or flat sum.
Permissible deductions under Mont. Code Ann. § 70-25-202 when properly documented:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning if lease requires and unit was left dirty
- Lease-break fees if specified in lease
- Costs to replace items tenant removed or kept
What Your Montana Landlord CANNOT Deduct
In Montana, the law does not let a landlord deduct for normal wear and tear, such as faded paint or minor scuffs. A landlord who wrongly withholds it owes no multiple or flat sum, and has only 30 days to get the return right.
Impermissible deductions under Mont. Code Ann. § 70-25-202:
- Normal wear and tear (minor scuffs, small nail holes, faded paint)
- Carpet replacement after useful life (typically 7-10 years)
- Painting after 2+ year tenancy (normal wear)
- Pre-existing damage not noted at move-in
- Upgrades or improvements beyond restoring to original condition
- Costs to fix landlord deferred maintenance
How Do I Dispute a Normal Wear and Tear Deduction in Montana?
In Montana, a tenant can dispute a wrongful deduction with a written demand letter, then sue in small claims court. In Montana, small claims court hears claims up to $7,000. A landlord who lets 30 days pass owes no multiple or flat sum.
If your landlord has deducted normal wear and tear from your deposit and you believe it is improper under Mont. Code Ann. § 70-25-202, here are your options:
- Send a demand letter — cite Mont. Code Ann. § 70-25-202 and the specific deduction you are disputing. A statute-cited demand letter puts your landlord on notice and often resolves disputes without court.
- Document everything — gather move-in and move-out photos, your lease, and any written communications with your landlord.
- File in small claims court — if your landlord ignores the demand letter, you can file in Montana small claims court. No lawyer is required. Filing costs about $30.
Montana landlords who wrongfully withhold deposit funds face None beyond the deposit itself in penalties under Mont. Code Ann. § 70-25-202. The deadline to return your deposit is 30 days from move-out.
Frequently Asked Questions
Can my landlord deduct normal wear and tear from my deposit in Montana?
No — landlords in Montana generally cannot deduct for normal wear and tear from a security deposit.
What does Mont. Code Ann. § 70-25-202 say about normal wear and tear deductions?
Under Mont. Code Ann. § 70-25-202, normal wear and tear is not a permissible deduction in Montana. Normal wear and tear refers to the minor, expected deterioration of a rental unit that results from ordinary, everyday use over time. Landlords cannot charge tenants for this category of wear. If your landlord has charged you for this, you may have grounds to dispute the deduction and recover the withheld amount.
What happens if my Montana landlord wrongfully deducts normal wear and tear from my deposit?
Under Mont. Code Ann. § 70-25-202, if your landlord wrongfully withholds your deposit, you may be entitled to None beyond the deposit itself in penalties. Landlords must return the deposit within 30 days of move-out. If they miss that deadline or make improper deductions, you can send a demand letter and, if ignored, file in small claims court.
Montana Security Deposit Resources
Complete breakdown of Mont. Code Ann. § 70-25-202: return deadlines, penalties, all deduction rules.
Enter your move-out date to calculate exactly when your Montana landlord must return your deposit.
Dispute an improper normal wear and tear deduction with a demand letter that cites Mont. Code Ann. § 70-25-202 directly.
See what your state’s law says your landlord owes you, then generate a demand letter. Check my rights & generate my letter — $19
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. Information is based on Mont. Code Ann. § 70-25-202 as of 2026-06-11. Laws change — verify current statutes at your state legislature's website.