Cal. Civ. Code § 70-25-201
Security Deposit -- Deductions Authorized Therefrom
Operative Text
(1) A landlord renting property covered by this chapter may deduct from the security deposit a sum equal to the damage alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities, penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including rent owed under 70-24-441 (3), and a sum for actual cleaning expenses, including a reasonable charge for the landlord's labor. (2) At the request of either party, the premises may be inspected within 1 week prior to termination of the tenancy. (3) (a) Cleaning charges may not be imposed for normal maintenance performed on a cyclical basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may not be deducted until written notice has been given to the tenant. The notice must include the cleaning not accomplished by the tenant and the additional amount and type or types of cleaning that need to be done by the tenant to bring the premises back to its condition at the time of its renting. (b) After the delivery of the notice pursuant to 70-24-108 or 70-33-106 , the tenant has 24 hours to complete the required cleaning, unless the rental agreement is already terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court. If the notice is mailed by certified mail, service of the notice is considered to have been made 3 days after the date of the mailing. (c) A tenant who fails to notify the landlord of the intent to vacate or who vacates the premises without notice relieves the landlord of the requirement of giving notice and allows the landlord to deduct the cleaning charges from the deposit, or the landlord may leave a copy of the notice in a conspicuous location in the rental unit and notify the tenant by e-mail, phone, or text, and notice is considered delivered. (4) A person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section.
Montana Code § 70-25-201 defines the specific categories of costs a landlord is permitted to deduct from a tenant's security deposit, including documented damage, unpaid rent, late charges, utilities, lease penalties, and actual cleaning expenses. The law also establishes a procedural requirement: before cleaning charges can be deducted, the tenant must generally receive written notice identifying what cleaning remains and be given 24 hours to complete it. Deductions for anything outside these enumerated categories are prohibited, and a pre-move-out inspection may be requested by either party within one week of the tenancy's end.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-25-201, compliant operators document the condition of the unit at move-in and move-out, and limit any security deposit deductions strictly to the categories the statute names — damage, unpaid rent, late charges, utilities, lease penalties, and actual cleaning costs including reasonable labor. Before deducting cleaning charges, landlords generally provide written notice specifying what cleaning the tenant did not complete and what additional cleaning is needed, then allow 24 hours for the tenant to remedy the situation. Landlords should also be aware that routine cyclical maintenance cannot be charged as a cleaning deduction unless the tenant's negligence made it necessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Montana Code § 70-25-201 limits what a landlord can legally take from your security deposit — only the categories specifically listed in the statute, such as documented damage, unpaid rent, and actual cleaning costs, are permitted deductions. Before cleaning charges can be withheld, you are generally entitled to written notice describing what cleaning is needed and a 24-hour window to complete it, unless you vacated without notifying the landlord. If you believe deductions were made outside these permitted categories, you may consider raising the violation with a local tenant-rights organization, consulting a housing attorney, or exploring remedies available under Montana's residential landlord-tenant statutes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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