Cal. Civ. Code § 70-25-101
Definitions
Operative Text
As used in this chapter, the following definitions apply: (1) "Cleaning expenses" means the actual and necessary cost of cleaning done by an owner or the owner's selected representative for cleaning needs not attributable to normal wear brought about by the tenant's failure to bring the premises to the condition it was at the time of renting. (2) "Damage" means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold. (3) "Leasehold premises" means the premises occupied by the tenant together with all common areas, recreational facilities, parking areas, and storage facilities to which the tenant has access, as well as all personal property owned or controlled by the landlord the use of which is permitted to the tenant. (4) "Security deposit" means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises. If a leasehold agreement or an agreement incident to a leasehold agreement requires the tenant or prospective tenant to provide or maintain in effect any deposit to the landlord for part or all of the term of the leasehold agreement, the deposit must be presumed to be a security deposit. A fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit.
Mont. Code Ann. § 70-25-101 establishes the foundational definitions that govern how security deposits, cleaning expenses, and damage are understood throughout Montana's leasehold chapter. A 'security deposit' is broadly defined to include any value—money or equivalent—held to cover rent, cleaning, or damage, and any such deposit is presumed to be a security deposit regardless of what it is called. 'Damage' covers tangible loss caused by a tenant's willful or accidental acts or omissions, while 'cleaning expenses' are limited to costs beyond normal wear and tear. These definitions set the interpretive framework for all related rights and obligations under the chapter.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-25-101, property owners and managers should be aware that any fee or charge collected from a tenant for cleaning or damages—regardless of the label applied to it—is presumed to be a security deposit and is subject to the rules governing security deposits. Compliant operators typically document the condition of the leasehold premises at move-in and move-out to distinguish normal wear and tear from damage as defined in this section. Cleaning expenses that may be deducted are limited to actual and necessary costs for conditions beyond what normal use would produce, so detailed records and receipts are generally part of sound practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-25-101 provides tenants with important definitional protections: any deposit or fee collected by a landlord for cleaning or damages is presumed to be a security deposit, regardless of what the landlord calls it. This means that charges labeled as 'cleaning fees,' 'move-out fees,' or similar terms are still subject to the legal rules that apply to security deposits under Montana law. Tenants who believe a charge has been mischaracterized or improperly withheld may consider consulting a tenant-rights organization or reviewing the broader provisions of this chapter to understand available remedies.
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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