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69th Legislature 2025 HB 304.1
- 1 - Authorized Print Version – HB 304
1 HOUSE BILL NO. 304
2 INTRODUCED BY J. KARLEN, J. REAVIS, L. MUSZKIEWICZ, B. EDWARDS, M. LEE, B. CLOSE, S. FYANT,
3 J. WEBER, M. CUNNINGHAM, S. ROSENZWEIG, E. MATTHEWS, B. CARTER, D. HAWK, C. KEOGH, G.
4 NIKOLAKAKOS, E. STAFMAN, D. JOY
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING RESIDENTIAL TENANT SECURITY DEPOSIT LAWS
7 TO GIVE TENANTS MORE INFORMATION ABOUT CLEANING NOT ACCOMPLISHED AND MORE TIME TO
8 COMPLETE ADDITIONAL CLEANING; PROHIBITING CHARGING A FEE FOR INSPECTING THE
9 CLEANING ACCOMPLISHED BY TENANTS; AND AMENDING SECTION 70-25-201, MCA.”
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11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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13Section 1. Section 70-25-201, MCA, is amended to read:
14 "70-25-201. Security deposit -- authorized deductions authorized therefrom. (1) A landlord
15 renting property covered by this chapter may deduct from the security deposit a sum equal to the damage
16 alleged to have been caused by the tenant, together with a sum equal to the unpaid rent, late charges, utilities,
17 penalties due under lease provisions, and other money owing to the landlord at the time of deduction, including
18 rent owed under 70-24-441(3), and a sum for actual cleaning expenses, including a reasonable charge for the
19 landlord's labor.
20 (2) At the request of either party, the premises may be inspected within 1 week prior to termination
21 of the tenancy.
22 (3) (a) Cleaning charges may not be imposed for normal maintenance performed on a cyclical
23 basis by the landlord as noted by the landlord at the time that the tenant occupies the space unless the landlord
24 is forced to perform this maintenance because of negligence of the tenant. Additionally, cleaning charges may
25 not be deducted until written notice has been given to the tenant. The notice must include an itemized list of the
26 cleaning not accomplished by the tenant, with estimates of the costs if the cleaning remains unaccomplished,
27 and the additional and type or types of cleaning that need to be done by the tenant to bring the premises back
28 to its condition at the time of its renting.
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69th Legislature 2025 HB 304.1
- 2 - Authorized Print Version – HB 304
1 (b) After the delivery of the notice, the tenant has 24 48 hours to complete the required cleaning,
2 unless the rental agreement is already terminated pursuant to 70-24-427 or 70-33-427 and the landlord has a
3 pending claim for actual damages filed in court. If notice is mailed by certified mail, service of the notice is
4 considered to have been made 3 days after the date of the mailing.
5 (c) A tenant who fails to notify the landlord of the intent to vacate or who vacates the premises
6 without notice relieves the landlord of the requirement of giving notice and allows the landlord to deduct the
7 cleaning charges from the deposit, or the landlord may leave a copy of the notice in a conspicuous location in
8 the rental unit and notify the tenant by e-mail, phone, or text, and notice is considered delivered.
9 (4) A person may not deduct or withhold from the security deposit any amount for purposes other
10 than those set forth in this section.
11 (5) A landlord may not charge an inspection fee for inspecting the cleaning accomplished by the
12 tenant in the 48-hour period provided for in subsection (3)(b)."
13 - END -