Cal. Civ. Code § 70-25-202
List Of Damages And Refund -- Delivery To Departing Tenant
Operative Text
(1) Except as provided in subsection (2): (a) (i) Each landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of the list must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201 . (ii) Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 or 70-33-106 . (b) (i) If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days. (ii) Delivery of the refund must be accomplished by different forms of payment that include electronic fund transfers, cash, check, or other forms of refund, or by mailing the security deposit to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address. Delivery of the written list must be noticed pursuant to 70-24-108 and 70-33-106 . (c) It is not a wrongful withholding of security deposit funds if the landlord mails the funds to the last-known address of a tenant who has departed and the tenant does not receive the funds because the tenant has not given the landlord the tenant's new address, but the landlord remains liable to the tenant for the amount due the tenant. (2) This section does not apply if a rental agreement is terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a pending claim filed in court.
Montana Code Ann. § 70-25-202 establishes two timelines for landlords to settle security deposits after a tenancy ends. If there are damages, unpaid rent, or cleaning charges, the landlord has 30 days to deliver a written itemized list along with any refund owed. If the premises are found to be in clean condition with no unpaid rent or utilities, the full deposit must be returned within the shorter window of 10 days. Refunds may be delivered by electronic transfer, cash, check, or mail sent to the tenant's forwarding address or last-known address.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-25-202, compliant landlords inspect the unit promptly after a tenancy ends and document any damages, cleaning needs, or unpaid rent before the applicable deadline. When charges apply, operators prepare a written itemized list and deliver it—along with any remaining deposit balance—within 30 days, using an accepted payment method such as electronic transfer, check, or cash. When no charges apply and the tenant can show utilities are current, the full deposit is returned within 10 days; mailing to the tenant's last-known address satisfies the delivery requirement if no forwarding address was provided.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-25-202 gives tenants the right to receive either a full deposit refund within 10 days (when no damages, cleaning, or unpaid rent or utilities exist) or an itemized written list of charges with any remaining balance within 30 days. Providing a forwarding address to the landlord helps ensure timely delivery, though the statute protects landlords who mail to the last-known address when no new address is given. Tenants who believe a deposit has been wrongfully withheld may consider contacting a local tenant-rights organization, reviewing the remedies available under Montana law, or raising a violation of this section in a small claims or civil court proceeding.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.