2001 Montana Legislature

About Bill -- Links

HOUSE BILL NO. 29

INTRODUCED BY M. NOENNIG

Montana State Seal

AN ACT ELIMINATING CONFLICTS IN THE LAW AND CLARIFYING THE RIGHTS AND DUTIES OF A LANDLORD AND TENANT WITH REGARD TO THE RETURN OF THE SECURITY DEPOSIT OF A DEPARTING TENANT; AND AMENDING SECTIONS 70-25-202 AND 70-25-205, MCA.



     WHEREAS, section 70-25-205, MCA, contains two statements that are in direct conflict with one another; and

     WHEREAS, in 1993, the Legislature eliminated the double damages penalty for wrongful withholding of a security deposit; and

     WHEREAS, before that penalty was removed, section 70-25-205, MCA, provided that if a tenant failed to furnish a new address, then the landlord was not liable for the double damages, but was still required to pay the tenant the actual amount owed; and

     WHEREAS, the 1993 legislation amended that section in a way that both relieved a landlord of liability to pay damages while at the same time provided that a tenant could not be barred from recovering those damages; and

     WHEREAS, section 70-25-204, MCA, provides that a tenant is entitled to recover damages.

     THEREFORE, section 70-25-205, MCA, as it was amended in 1993, is redundant as well as conflicting.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 70-25-202, MCA, is amended to read:

     "70-25-202.  List of damages and refund -- delivery to departing tenant. (1) Every landlord, within 30 days subsequent to the termination of a tenancy or within 30 days subsequent to a surrender and acceptance of the leasehold premises, whichever occurs first, shall provide the departing tenant with a written list of any rent due and any damage and cleaning charges, brought after the provisions of 70-25-201 have been followed, with regard to the leasehold premises that the landlord alleges are the responsibility of the tenant. Delivery of such the list shall must be accompanied by payment of the difference, if any, between the security deposit and the permitted charges set forth in 70-25-201. Delivery shall must be accomplished by mailing the list and refund to the tenant's last-known address or the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address.

     (2)  If after inspection there are no damages to the premises, no cleaning required, and no rent unpaid and if the tenant can demonstrate that no utilities are unpaid by the tenant, the landlord shall return the security deposit within 10 days by mailing it to the new address provided by the tenant or, if a new address is not provided, to the tenant's last-known address.

     (3) It is not a wrongful withholding of security deposit funds if the landlord mails the funds to the last-known address of a tenant who has departed and the tenant does not receive the funds because the tenant has not given the landlord the tenant's new address, but the landlord remains liable to the tenant for the amount due the tenant."



     Section 2.  Section 70-25-205, MCA, is amended to read:

     "70-25-205.  Failure of departing tenant to furnish new address. Failure Failure by the departing tenant to provide the landlord with a new address in writing upon termination of the tenancy or upon surrender and acceptance of the leasehold premises, whichever occurs first, relieves the landlord from liability as imposed by 70-25-204. The failure may not, however, does not bar the tenant from recovering the actual amount owing to the tenant by the landlord."

- END -




Latest Version of HB 29 (HB0029.ENR)
Processed for the Web on April 6, 2001 (12:02PM)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.

Status of this Bill | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services

(406)444-3064