Cal. Civ. Code § 70-25-204
Wrongful Withholding Of Security Deposit -- Action
Operative Text
(1) A person who wrongfully withholds a residential property security deposit or any portion of the deposit is liable in damages to the tenant in a civil action for an amount equal to the sum determined to have been wrongfully withheld or deducted. The attorney fees may be awarded the prevailing party at the discretion of the court. The burden of proof of damages caused by the tenant to the leasehold premises is on the landlord. (2) An action may not be maintained by a tenant for any amount wrongfully withheld or deducted prior to: (a) the tenant's receipt from the landlord or the landlord's agent of a written denial of the sum alleged to be wrongfully detained; (b) the expiration of a 30-day period after the termination of a tenancy; (c) the expiration of a 30-day period after surrender and acceptance of the leasehold premises; or (d) the expiration of a 10-day period after the landlord has indicated there were no damages to the premises, no cleaning was required, no rent was unpaid, and no utilities were unpaid by the tenant.
Mont. Code Ann. § 70-25-204 establishes that a landlord who wrongfully withholds all or part of a tenant's security deposit is liable for the amount wrongfully kept, and a court may also award attorney fees to whichever party prevails. The burden of proving that the tenant caused damage to the property falls on the landlord, not the tenant. Before a tenant can bring a civil action, certain waiting periods must pass—generally 30 days after the tenancy ends or the premises are surrendered, or 10 days after the landlord confirms no damages, unpaid rent, or unpaid utilities exist, or until the tenant receives a written denial from the landlord.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-25-204, compliant landlords document any claimed damages, cleaning costs, unpaid rent, or unpaid utilities with clear evidence, since the statute places the burden of proving tenant-caused damage squarely on the landlord. Operators who intend to make deductions typically provide a written explanation of any withheld amounts, and those who find no deductions are warranted notify the tenant in writing within 10 days to start the shorter waiting period. Keeping thorough move-in and move-out records—photos, inspection reports, and receipts—supports a landlord's position if a civil action is later filed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-25-204 gives tenants the right to sue in civil court to recover any portion of a security deposit that was wrongfully withheld, with the landlord bearing the burden of proving that any deductions reflect actual tenant-caused damage. Before filing suit, a tenant must wait for one of the statutory trigger events—such as 30 days after the tenancy ends or after the premises are surrendered, or receipt of a written denial from the landlord. Tenants who believe a deposit has been improperly kept may wish to consult a tenant-rights organization or legal aid office to understand which waiting period applies to their circumstances and what documentation to gather.
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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