Pet Deposit Laws in Montana: What Landlords Can Charge and What You Get Back
November 10, 2026
Pet deposit laws in Montana are looser than in most states on one point and stricter on another. The state sets no dollar cap on what a landlord can collect, but it will not let a landlord dodge the refund rules by relabeling a deposit as a “non-refundable pet fee.”
That combination catches a lot of renters off guard. You may see a $500 pet charge on a lease and assume it is gone forever, or assume the state limits it to one month’s rent. Neither is quite right.
This article walks through what Montana law says about pet deposits, pet fees and pet rent, how refunds and deductions work, and where service animals and emotional support animals fit in. You will also find practical steps for negotiating and protecting your money at move-out. The rules here come from Montana’s landlord-tenant statutes and from guides written for local renters and property owners.
Important Note: Sources disagree on a few details, such as whether a flat “non-refundable” pet fee is allowed. This article follows the statute’s wording as quoted by multiple sources and flags the disagreement where it matters. This is general information, not legal advice. For a specific dispute, check the current Montana Code Annotated or talk to a Montana attorney or a tenant advocacy group.
What Is a Pet Deposit in Montana?
A pet deposit is a refundable sum a landlord holds to cover damage caused by your animal. Pet Deposits by State describes it as money returned at move-out, minus deductions for actual pet damage.
Montana has no separate pet deposit statute. Instead, RPM Explore explains that Montana law treats a pet deposit as part of the regular security deposit. That means the same rules for holding, itemizing and returning money apply to it.
The main deposit rules sit in Title 70, Chapter 25 of the Montana Code Annotated. The broader Residential Landlord and Tenant Act is in Title 70, Chapter 24, which Steadily notes was enacted in 1977.
Does Montana Allow Landlords to Charge a Pet Deposit?
Yes. Montana landlords can charge a pet deposit, and they can also refuse pets altogether. One Bozeman property management firm puts it plainly: not allowing pets is perfectly legal.
The Montana Public Interest Research Group (MontPIRG) adds that landlords can limit any animal that is not a service animal. Their renter FAQ on pets notes that Montana Code only lists dogs and miniature horses as service animals.
Breed and weight limits are also up to the landlord. Pet Deposits by State reports that these restrictions come from individual landlords or management companies, not state law, and that they do not apply to service animals.
Maximum Pet Deposit in Montana
There is no statutory maximum. iPropertyManagement lists Montana as “No limit” in its 2026 state-by-state pet deposit table, while Nebraska, for comparison, uses a cap of one quarter of a month’s rent.
The same is true of security deposits generally. According to LeaseLenses, Montana does not impose a statutory cap, and market norms typically run one to two months’ rent.
Common Mistake: Some websites claim Montana caps deposits at one month’s rent, or at one month’s rent plus one month for a pet. Those claims conflict with the statute-based guides above, which describe no cap. Do not rely on a cap argument in a dispute without checking the current code first.
No cap does not mean no limit in practice. A landlord who asks for too much will lose applicants, and a very high charge for a pet that causes little damage invites a dispute if the money is withheld at move-out.
Does a Pet Deposit Count Toward Montana’s Security Deposit Limit?
Since Montana has no security deposit limit, there is nothing for a pet deposit to count toward in the usual sense. MontPIRG states that pet deposits fall under security deposits, so there is no limit on what landlords can charge.
Where “counting” does matter is the rulebook. Because a pet deposit is treated as part of the security deposit, it follows the same return deadlines, itemization duties and penalties. You cannot be told that the pet portion runs on a different, looser clock.
One older source, Crushing REI, describes a one-month cap on security deposits. Its page is roughly 16 months old and conflicts with more recent guides, so treat it with caution.
Pet Deposit vs. Pet Fee vs. Pet Rent in Montana
These three charges often show up together on a lease, and they are not interchangeable. The table below shows how each one is typically treated, based on RPM Explore’s breakdown and general industry usage.
| Charge | What It Usually Is | How Montana Treats It |
|---|---|---|
| Pet deposit | One-time, refundable amount held for pet damage | Part of the security deposit |
| Pet fee | One-time charge, often labeled non-refundable | If it covers cleaning or damage, presumed to be a security deposit regardless of label |
| Pet rent | Recurring monthly charge | Allowed; no statutory limit identified in the sources reviewed |
Pet rent is the simplest of the three. It is an ongoing payment for the privilege of keeping the animal, and it is generally not returned. Check that your lease states the monthly amount and when it starts.
Are Pet Deposits Refundable in Montana?
Yes, in the same way any security deposit is refundable. Crushing REI explains that if the unit comes back in its original condition, apart from normal wear and tear, the deposit must be returned.
The landlord may keep only what is needed for real losses, such as damage beyond normal wear, unpaid rent or necessary cleaning. A deposit is not a bonus the landlord keeps because you had a pet.
If you plan to dispute a deduction, keep your move-in condition report and photos. Steadily notes that landlords must give a written statement describing the property’s condition at the start of the lease, which gives you a baseline to compare against.
Are Non-Refundable Pet Fees Legal in Montana?
This is where Montana differs from many states, and where sources disagree. Some summaries say non-refundable pet fees are permitted. Others say they are not. The statute explains the split.
Under MCA 70-25-101, RPM Explore quotes the rule that a fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit. A landlord cannot escape the refund rules just by calling a charge non-refundable.
So a fee meant to cover pet damage or cleaning is effectively a deposit and must be accounted for at move-out. A fee that is truly something else, such as an administrative charge spelled out in the lease, sits in murkier territory. Tenant Screening Background Check advises landlords to state the purpose of every charge in the lease for this reason.
Pro Tip: If your lease lists a “non-refundable pet fee,” ask in writing what it covers. If the answer is cleaning or damage, you have a strong argument that it is a refundable deposit under Montana’s presumption.
Can Landlords Charge a Pet Deposit for Service Animals and ESAs in Montana?
No. Service animals and emotional support animals are not treated as pets under fair housing rules. According to Peak Property Management in Bozeman, both the federal Fair Housing Act and Montana law prohibit discrimination against residents who need these animals, and landlords cannot charge extra deposits or fees for them.
This applies even in a building that bans pets. A landlord may still collect the normal security deposit and deduct for actual damage the animal causes after move-out.
Landlords can ask for reasonable documentation of a disability-related need. TenantPetRights.org says that documentation may come from a licensed mental health professional and must be limited in scope. A landlord may deny a request only if the animal poses a direct threat to safety or property that cannot be reduced, as RPM Explore notes.
Federal enforcement priorities for emotional support animal requests have shifted, but RPM Explore stresses that this does not change Montana’s own law. If you face a fee for an assistance animal, a fair housing complaint is the usual route.
How Much Is a Typical Pet Deposit in Montana?
The sources reviewed did not publish a verified statewide average for Montana pet deposits, so any specific dollar figure would be a guess. What they do offer is context on general deposits.
- One month’s rent is a common baseline for a security deposit, according to Pure Home River.
- A larger deposit for a higher-risk applicant is legal there.
- Pet charges vary by landlord, building type, and the size and number of animals.
The practical move is to compare listings in your city, whether that is Billings, Missoula, Bozeman, Great Falls or Butte, and ask each landlord for the full pet cost in writing: deposit, any one-time fee, and monthly rent.
Can a Landlord Charge a Pet Deposit and Pet Rent Together in Montana?
Yes. Nothing in the sources reviewed prohibits stacking a refundable pet deposit with monthly pet rent. Pet Deposits by State lists monthly pet rent as allowed in Montana.
The two charges do different jobs. The deposit protects the landlord against damage, and the rent compensates for ongoing wear and added risk. A pet deposit should still be returned if no damage occurs, while pet rent is not refundable.
Add up the total first-year cost before you sign. A modest deposit plus $25 to $50 in monthly pet rent can cost more over twelve months than a single larger deposit that you get back.
Pet Deposits for Multiple Pets, Fish and Caged Pets in Montana
Montana law does not set rules by number of pets or type of animal. The landlord decides in the lease whether to allow multiple animals and what to charge for each.
MontPIRG’s renter FAQ says landlords may limit any animal that is not a service animal. In practice that means one landlord may charge per pet, another may cap the total, and a third may exempt a small fish tank.
Ask directly about fish, hamsters, birds, reptiles and other caged animals instead of assuming they are free. Get the answer in the lease, since a verbal “the fish are fine” is hard to prove later.
If you are bringing an animal from out of state, you may also want to read about pet import laws in Montana and the state’s pet vaccination requirements, since landlords sometimes ask for proof of shots.
What Can a Landlord Deduct From a Pet Deposit in Montana?
Deductions must tie to real losses. Crushing REI lists unpaid rent, damage beyond normal wear and tear, unpaid utility bills and necessary cleaning costs as valid reasons to deduct.
For pets, common examples include:
- Scratched doors, chewed trim or damaged flooring
- Carpet staining or odor that requires professional treatment
- Yard damage, such as holes or killed lawn, where the lease covers it
- Flea treatment, if an infestation is documented
Normal wear and tear is not deductible. Light carpet traffic wear from daily living is not the same as urine-soaked subflooring.
Montana also requires advance notice before certain cleaning deductions. American Landlord says tenants must receive advance notice of a deduction for cleaning charges considered a result of tenant negligence, though that page is older, so confirm against the current statute.
How Long Does a Landlord Have to Return a Pet Deposit in Montana?
The clock depends on whether the landlord is keeping any money. LeaseLenses explains that under MCA 70-25-202, the deposit is due within 30 days after the tenant vacates, or within 10 days if no deductions are claimed.
| Situation | Deadline | What the Landlord Must Send |
|---|---|---|
| No deductions | 10 days | Full deposit |
| Deductions taken | 30 days | Itemized written list plus remaining balance |
The 10-day fast track is recent. Pure Home River reports it came in with a 2023 amendment (Chapter 383, Laws of 2023), and a 2025 amendment added options for how the refund can be delivered. Older guides may show only the 30-day rule, and one source that gives different timing language (10 days after a forwarding address) conflicts with the statute-based summaries.
Hemlane advises tenants to give a forwarding address and follow up in writing if nothing arrives. In its Montana deposit guide, it notes landlords who miss the deadline may be liable for up to twice the deposit.
Can a Landlord Keep Your Pet Deposit Without Proof of Damage in Montana?
Not safely. A landlord who keeps money must send a written, itemized list of deductions. iPropertyManagement says the law does not require receipts or invoices to be attached, but keeping them helps support deductions in a dispute.
The penalty for skipping the list is steep. Landlord Studio reports that a landlord who fails to provide the written list within 30 days forfeits the right to deduct and must return the entire deposit.
If you disagree with a deduction, small claims court is an option. According to GoWhale, tenants can sue for up to twice the deposit when a landlord wrongfully withholds it, and may recover court costs and reasonable attorney’s fees.
Pro Tip: Send a dated letter or email with your forwarding address, then take move-out photos and video before handing over the keys. That paper trail does most of the work if the dispute reaches a judge.
Can a Landlord Raise the Pet Deposit or Change the Pet Policy Mid-Lease in Montana?
During a fixed-term lease, a landlord generally cannot rewrite the deal alone. The lease is a contract, and the deposit amount and pet terms you both signed stay in force until it ends, unless you agree to a change in writing.
Month-to-month tenancies are different. A landlord can usually change terms by giving proper written notice, so check your lease and the notice requirements in the Residential Landlord and Tenant Act. None of the sources reviewed spelled out a specific notice period for pet policy changes, so confirm with the statute or a local tenant resource before relying on a number.
Adding a pet mid-lease is a related issue. If your lease bans animals, getting one anyway risks a violation. MontPIRG notes under MCA 70-24-422 that an unauthorized pet causing damage can lead to a 3-day notice of termination for destruction of property, so ask for written permission first.
Can You Negotiate a Pet Deposit in Montana?
Often, yes. With no state cap, the amount is set by the lease and the market, which leaves room to talk. Innago observes that in states without pet deposit statutes, tenants and landlords commonly reach their own agreement.
Here are approaches that tend to work:
- Offer a pet resume: vet records, vaccination proof, spay or neuter status, and references from past landlords.
- Ask for a refundable deposit in place of a flat fee, or a lower monthly pet rent in exchange for a higher deposit.
- Offer a pet interview so the landlord can meet your animal.
- Propose renter’s insurance with pet liability coverage.
- Get every agreed term, including the amount and purpose of each charge, into the signed lease.
Landlords have reasons to hold firm, especially in tight markets, and they are not required to negotiate. If you are weighing a breed-restricted unit, it may also help to read about American Bully laws in Montana, and for outdoor cats see outdoor cat laws in Montana.
Once your lease is signed, keep your own obligations in view too. Local leash rules and dog bite liability can affect both you and your landlord, and some landlords require proof of liability insurance for that reason.