Generally revise tenant landlord laws

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69th Legislature 2025 HB 444
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ENROLLED BILL
AN ACT GENERALLY REVISING LAWS RELATED TO RESIDENTIAL TENANTS' SECURITY DEPOSITS;
PROVIDING LANDLORDS THE ABILITY TO PROVIDE NOTICES BY E-MAIL; SPECIFYING HOW THE
LANDLORD MAY RETURN A SECURITY DEPOSIT; AMENDING SECTIONS 70-25-201 AND 70-25-202,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-25-201, MCA, is amended to read:
"70-25-201. Security deposit -- deductions authorized therefrom. (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 for actual damages filed in court.. If the notice is mailed by
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69th Legislature 2025 HB 444
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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."
Section 2. Section 70-25-202, MCA, is amended to read:
"70-25-202. List of damages and refund -- delivery to departing tenant. (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 must be accomplished by mailing the list and refund to 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. the new address provided by the tenant or, if a new address is not provided, to the tenant's
last-known address.
(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 by mailing it to the new address provided by the tenant or, if a new address is
not provided, to the tenant's last-known address.
(ii) Delivery of the refund must be accomplished by different forms of payment that include
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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 for actual damages filed in court."
Section 3. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
HB 444, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 444
INTRODUCED BY P. TUSS, M. VINTON, E. ALBUS, M. BERTOGLIO, M. CUFFE, K. WALSH, G. OBLANDER,
L. BREWSTER, C. KEOGH, S. ESSMANN
AN ACT GENERALLY REVISING LAWS RELATED TO RESIDENTIAL TENANTS' SECURITY DEPOSITS;
PROVIDING LANDLORDS THE ABILITY TO PROVIDE NOTICES BY E-MAIL; SPECIFYING HOW THE
LANDLORD MAY RETURN A SECURITY DEPOSIT; AMENDING SECTIONS 70-25-201 AND 70-25-202, MCA;
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.