Cal. Civ. Code § 70-25-203
Failure To Provide List -- Forfeiture Of Deduction Rights
Operative Text
Any landlord who fails to provide the departing tenant with a written list of damage and cleaning charges as required by 70-25-202 shall forfeit all rights to withhold any portion of the security deposit for the damages or cleaning charges.
Under Mont. Code Ann. § 70-25-203, a landlord who does not give a departing tenant the written itemized list of damage and cleaning charges required by § 70-25-202 loses the legal right to keep any part of the security deposit for those charges. The forfeiture is automatic upon the failure to provide the list — no further finding of wrongdoing is required. This rule is designed to ensure tenants receive a clear accounting of any deductions before a landlord retains deposit funds.
Plain English — not legal advice.
Mont. Code Ann. § 70-25-203 makes timely delivery of the written damage and cleaning charge list a prerequisite for retaining any portion of a security deposit. Compliant operators generally maintain documented procedures for preparing and delivering the itemized statement required by § 70-25-202 within the applicable deadline after a tenant's departure. Failing to follow through on this step — regardless of whether actual damages exist — eliminates the ability to make any deductions from the deposit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-25-203, if a landlord did not provide the written itemized list of damage and cleaning charges required by § 70-25-202, that landlord forfeits the right to withhold any portion of the security deposit. Tenants in this situation may have grounds to raise the landlord's failure as a defense in a dispute or to pursue return of the full deposit through available legal channels. Tenant-rights organizations and Montana's court self-help resources can help explain the general options for recovering a wrongfully withheld deposit under this provision.
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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