SECURITY DEPOSIT DEMAND LETTER

STATE OF MONTANA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]

Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Montana law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.

I. MONTANA LEGAL FRAMEWORK

A. Governing Law

Security deposits in Montana are governed by the Montana Residential Landlord and Tenant Act, Mont. Code Ann. Section 70-25-201 et seq.

B. Security Deposit Limits

Montana law does not impose a statutory limit on the amount of security deposit a landlord may collect. However, any deposit collected must be returned according to statutory requirements.

C. Return Deadline

Pursuant to Mont. Code Ann. Section 70-25-202, a landlord must return the security deposit within:
- Thirty (30) days after termination of the tenancy (standard)
- Ten (10) days if the landlord terminated the tenancy due to tenant's failure to pay rent or other violation

The deposit must be returned with an itemized statement accounting for any amounts withheld.

D. Itemization Requirements

Under Mont. Code Ann. Section 70-25-202, the landlord must provide:
- A written itemized list of deductions
- Receipts or evidence of actual repairs performed (if repairs exceed $200)
- The itemization must be mailed to the tenant's last known address

E. Permissible Deductions

Under Mont. Code Ann. Section 70-25-201, a landlord may retain from the security deposit only amounts necessary to:
- Pay rent owed at time of termination
- Compensate for damages beyond normal wear and tear
- Pay for actual cleaning required to return unit to move-in condition

F. Prohibited Deductions

The landlord may NOT deduct for:
- Normal wear and tear
- Conditions existing prior to tenant's occupancy
- Conditions resulting from landlord's failure to maintain premises
- Routine cleaning and repainting between tenancies

II. FACTUAL BACKGROUND

A. Tenancy Information

B. Move-Out Circumstances

Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email

Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered

C. Condition of Premises at Move-Out

Our Client left the premises in the following condition:

[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.

[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].

[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.

[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.

[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.

III. LANDLORD'S VIOLATIONS

You have violated Montana law in the following ways:

[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory period required under Mont. Code Ann. Section 70-25-202.

[ ] Failure to Provide Itemization: You have failed to provide a written, itemized statement of deductions within the statutory period.

[ ] Failure to Provide Receipts: For deductions exceeding $200, you failed to provide receipts or evidence of repairs.

[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]

[ ] Bad Faith Retention: You have retained the deposit in bad faith, as evidenced by: [DESCRIBE EVIDENCE OF BAD FAITH]

IV. NORMAL WEAR AND TEAR

Montana law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.

The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:

[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]

V. DAMAGES AND REMEDIES

A. Return of Security Deposit

B. Statutory Remedies

Under Mont. Code Ann. Section 70-25-202, if a landlord fails to comply with the security deposit requirements:
- The tenant may recover the full security deposit
- The tenant may recover actual damages
- The tenant may recover reasonable attorney's fees

C. Attorney's Fees and Costs

Under Mont. Code Ann. Section 70-25-202, our Client is entitled to recover reasonable attorney's fees and costs incurred in pursuing this claim.

D. Total Demand

VI. EVIDENCE IN OUR POSSESSION

Our Client has preserved the following evidence to support this claim:

[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]

VII. DEMAND

We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:

1. Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]

2. Total Payment: The total amount due is $[TOTAL AMOUNT]

Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:

[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]

Reference: [TENANT NAME] Security Deposit

VIII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within the time specified, we are authorized and prepared to:

1. File Suit: Commence legal action in Montana Small Claims Court (for claims up to $7,000) or District Court for return of the deposit, actual damages, attorney's fees, and costs.

2. Seek Attorney's Fees: Request the court award reasonable attorney's fees pursuant to Mont. Code Ann. Section 70-25-202.

3. Report Violations: Report your conduct to:
   - Montana Attorney General - Consumer Protection Office
   - Local Housing Authority
   - Better Business Bureau

4. Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.

IX. RESPONSE REQUESTED

Please respond to this demand in writing within fourteen (14) days. Your response should include:

1. Your position on the amount owed to our Client
2. Any documentation supporting claimed deductions
3. Payment or a good-faith settlement offer

If we do not receive a satisfactory response, we will file suit without further notice.

X. RESERVATION OF RIGHTS

This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[MONTANA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [TENANT FULL NAME]

ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent

cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]

MONTANA SECURITY DEPOSIT QUICK REFERENCE

MONTANA-SPECIFIC PRACTICE NOTES

[ ] Two Deadlines: Montana has different deadlines depending on the reason for termination - 30 days (standard) or 10 days (tenant violation).

[ ] Receipt Requirement: For deductions exceeding $200, the landlord must provide receipts or other evidence of actual repairs.

[ ] No Deposit Limit: Montana has no statutory cap on security deposits, but excessive deposits may be challenged.

[ ] Attorney's Fees: Montana allows recovery of attorney's fees for security deposit violations.

[ ] Small Claims Court: For claims up to $7,000, file in Montana Small Claims Court. For larger amounts, file in District Court.

[ ] Forwarding Address: Tenant should provide forwarding address in writing. Landlord must mail itemization to last known address.

[ ] University Towns: Cities like Missoula and Bozeman may have high tenant populations. Check for any local ordinances.

This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Montana attorney before use.