What Montana requires
- A landlord who requires a security deposit gives each tenant, with the lease or when the tenancy is created, a separate written statement of the present condition of the premisesMontana Code Annotated 70-25-206 (1)
- The statement gives a clear and concise account of the present condition known to the landlord or agent, or that should have been known on reasonable inspection; says so if the premises have never been let before; and is signed by the landlord or agentMontana Code Annotated 70-25-206 (2)
- If the tenant asks in writing, the landlord gives them a copy of the list of damage and cleaning charges given to the previous tenant of the same premisesMontana Code Annotated 70-25-206 (1)
- Without the statement, or without the previous tenant's list when it was asked for, the landlord cannot recover for damage or cleaning unless they show by clear and convincing evidence that the tenant caused it during this tenancyMontana Code Annotated 70-25-206 (3)
- Either side may ask for the premises to be inspected within 1 week before the tenancy endsMontana Code Annotated 70-25-201 (2)
- Cleaning charges need written notice first, listing the cleaning not done and what is needed to return the premises to their condition at the start; the tenant then has 24 hours to do it. Routine maintenance the landlord noted at move-in is not charged unless the tenant's negligence made it necessaryMontana Code Annotated 70-25-201 (3)
- Within 30 days after the tenancy ends, the landlord gives the departing tenant a written list of any rent due and damage and cleaning charges, with the balance of the deposit; if there is no damage, cleaning, unpaid rent or unpaid utilities, the deposit goes back within 10 daysMontana Code Annotated 70-25-202 (1)
- A landlord who does not give the written list of damage and cleaning charges forfeits the right to withhold any of the deposit for themMontana Code Annotated 70-25-203
The statement of condition
A landlord who requires a security deposit gives each tenant, with the lease or when the tenancy is created, a separate written statement of the present condition of the premises.
It gives a clear and concise account of the condition known to the landlord or agent, or that should have been known on reasonable inspection. It says so if the premises have never been let before, and it is signed by the landlord or agent. If the tenant asks in writing, the landlord also gives them a copy of the damage and cleaning charges listed for the previous tenant.
Why it matters at move-out
Without the statement, or without the previous tenant's list when it was asked for, the landlord cannot recover for damage or cleaning unless they show by clear and convincing evidence that the tenant caused it during this tenancy.
Either side may ask for an inspection within 1 week before the tenancy ends. Cleaning charges need written notice first, listing the cleaning not done and what is needed, and the tenant then has 24 hours to do it. Routine maintenance the landlord noted at move-in is not charged unless the tenant's negligence made it necessary.
After the tenant leaves
Within 30 days after the tenancy ends, the landlord gives the departing tenant a written list of any rent due and damage and cleaning charges, with the balance of the deposit. If there is no damage, no cleaning, no unpaid rent and no unpaid utilities, the deposit goes back within 10 days. A landlord who does not give the list forfeits the right to withhold for damage or cleaning.
From walkthrough notes to a finished Montana statement
Walk the unit room by room and note the condition of each item, including routine maintenance you do on a cycle, such as repainting or carpet cleaning. ReportDraft writes the notes up as a clear, room-by-room statement with each item marked.
If the unit has never been let before, choose that option: ReportDraft adds the statement saying so. The report ends with signature lines for the landlord or agent and the tenant.
Common mistakes
- Taking a deposit without giving the written statement of condition at the start of the tenancy.
- Leaving the statement unsigned by the landlord or agent.
- Not saying that a new unit has never been let before.
- Deducting for cleaning without first giving written notice and 24 hours.
- Missing the 30-day written list of damage and cleaning charges.
Sources
- Montana Code Annotated 70-25-206 (1), checked October 9, 2026
- Montana Code Annotated 70-25-206 (2), checked October 9, 2026
- Montana Code Annotated 70-25-206 (3), checked October 9, 2026
- Montana Code Annotated 70-25-201 (2), checked October 9, 2026
- Montana Code Annotated 70-25-201 (3), checked October 9, 2026
- Montana Code Annotated 70-25-202 (1), checked October 9, 2026
- Montana Code Annotated 70-25-203, checked October 9, 2026
Last reviewed October 9, 2026. Next review due January 9, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.