Full question:
I was given a 30-day notice to move from my apartment on October 1 with no reason given. I moved out and returned the premises to the owner on November 1. By November 30, I still had not received my security deposit back. I called the owner asking where it was and left my forwarding address on their answering machine. On December 1 a message was left on my voice mail at work that I was not getting any deposit back for unspecified damages. The owner stated that I had not left a forwarding address, but I would be getting a "letter" shortly. One item she stated was that there was gum all over the carpet. The apartment was completely cleaned by me and there was no gum. I still have not received the purported "letter." I took photos of the apartment after I thoroughly cleaned it. Are they in violations of the security deposit laws? Can I ask for triple the amount of the security deposit?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Montana
Answer:
According to Montana law, landlords must provide a written list of any damages and cleaning charges within thirty days after a tenant moves out. This list should be sent to the tenant's new address if provided, or to their last-known address if not (Mont. Code Ann. § 70-25-202). If there are no damages or unpaid rent, the landlord must return the security deposit within ten days.
If the landlord fails to provide this written list, they lose the right to withhold any part of the security deposit for damages or cleaning (Mont. Code Ann. § 70-25-203). If the landlord wrongfully withholds the deposit, they can be liable for the amount withheld, and you may also be entitled to attorney fees (Mont. Code Ann. § 70-25-204).
In your case, since the landlord did not return your deposit or provide a written list of damages within the required time frame, they may be in violation of the law. You may have grounds to request the return of your full deposit, and in some cases, you could seek triple damages if the withholding is deemed wrongful. It is advisable to consult with a legal professional for further assistance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.