What counts as 'normal wear and tear'?

Normal wear and tear includes minor scuffs on walls, small nail holes from hanging pictures, carpet worn from normal foot traffic, and faded paint after 2+ years of tenancy. Landlords cannot legally deduct for these in most states. DepositHawk checks each item against your state's legal standard.

What if my landlord already sent me a deduction list?

That's exactly what the Demand Letter plan is for. Enter each deduction, and we generate a letter challenging each one individually with the specific statute or case law that makes it impermissible.

What if the deadline has already passed?

You may still recover your deposit even after the deadline, but you likely lose the penalty multiplier (2x or 3x damages) in most states. DepositHawk will tell you exactly what you can still recover.

No. Small claims court is designed for self-represented parties. Most security deposit cases settle after a demand letter — landlords often comply rather than appear in court.

Is this legal advice?

DepositHawk provides legal information — the actual statutes, deadlines, and penalty structures for your state — not legal advice. For complex situations or large amounts, consulting an attorney is always an option.

How much can I recover?

In Texas: up to 3x the withheld amount plus $100. In California: up to 2x the deposit amount. In New York: actual damages. The amount varies significantly by state — DepositHawk calculates your maximum recoverable amount before you decide to proceed.

Last updated: April 2026Researched by DepositHawk Research Team

Rental Fees in Montana

Your landlord's lease has 14 line items that weren't in the listing. Here's which ones Montana law lets you push back on.

Montana regulates 1 categories of rental fees, including application fee.

Mont. Code § 70-25-206

•Common Charges

Fees Your Montana Landlord Can Charge

These fees show up on leases across Montana. Some are standard operating costs passed to tenants. Others are profit centers dressed up as necessities. The “Negotiable” column tells you which ones other tenants have successfully pushed back on.

Fee	Typical Range	Negotiable?
Valet Trash	$20–$45/mo	Rarely
Amenity Fee	$25–$75/mo	Often yes
Pest Control Fee	$5–$15/mo	Rarely
Technology/Internet Package	$30–$75/mo	Often yes
Pet Rent	$25–$75/mo	Often yes
Parking Fee	$50–$200/mo	Often yes
Administrative Fee	$50–$300 one-time	Often yes
Utility Billing Fee (RUBS)	$20–$60/mo	Rarely
Common Area Maintenance	$10–$30/mo	Rarely
Renters Insurance Requirement	$15–$30/mo	Rarely

•Regulated Fees

Fees That Are Regulated in Montana

Montana law puts limits on these fees. If your landlord charged you more than the cap — or failed to follow the rules below — you have a statutory basis to dispute.

Fee Type	Cap	Rule	Statute
Application fee	See rule	Application fees must be limited to actual screening costs and cannot be used as profit.	Mont. Code § 70-25-206

Application fees must be limited to actual screening costs and cannot be used as profit. (Montana)

Mont. Code § 70-25-206

•Dispute Process

How to Dispute a Fee in Montana

File in Montana Small Claims Court (up to $7,000). Montana Residential Landlord and Tenant Act (Title 70, Ch. 24-25) governs disputes.

Pull your lease. Find the exact clause authorizing the fee. If it is not in the lease, that is your first argument.
Write your landlord. Send a written dispute (email is fine) citing the specific fee amount, why you believe it is improper, and what remedy you want. Keep it factual.
File if ignored. If your landlord does not respond within 14 days, file in small claims court in the county where the rental property is located. Bring your lease, payment records, and any written communications.

•Transparency

Is Your Landlord Required to Disclose Fees?

Montana does not have a blanket statute requiring landlords to disclose all fees before lease signing. But that does not give them a free pass.

Courts routinely side with tenants when fees were hidden in addenda, introduced after move-in, or charged for services never provided. If your landlord added a fee that was not in your original lease, document the timeline and dispute it in writing. The burden of proving you agreed to the fee falls on the landlord.

●Frequently Asked Questions

Frequently Asked Questions

Can my Montana landlord charge a valet trash fee?

It depends. Montana regulates certain rental fees. Check the statute for your specific fee type. If the fee was not disclosed before you signed the lease — you may have grounds to dispute it.

Are amenity fees legal in Montana?

Amenity fees are not outright banned in most states, including Montana. But if your landlord charges you for amenities you cannot access or never use — a pool fee when the pool is closed, a gym fee when the gym is under renovation — that fee may be disputable.

How do I dispute a rental fee in Montana?

File in Montana Small Claims Court (up to $7,000). Montana Residential Landlord and Tenant Act (Title 70, Ch. 24-25) governs disputes.

Does Montana require landlords to disclose all fees upfront?

Montana does not have a blanket fee disclosure requirement. However, courts generally look unfavorably on fees that were hidden or not clearly communicated at lease signing. Always request a full fee schedule in writing before you sign.

Can I negotiate rental fees in Montana?

Some fees are negotiable — amenity fees, pet rent, and parking fees are commonly reduced or waived during lease negotiation. Others like valet trash and utility billing (RUBS) are typically non-negotiable because the landlord has a contract with a third-party vendor. Always ask. The worst they can say is no.

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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.