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HOUSE BILL NO. 188
INTRODUCED BY KOTTEL, POMNICHOWSKI, ERICKSON, AUGARE, PHILLIPS, REINHART, NOONEY, VILLA
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A COURT IN A CIVIL ACTION FOR THE WRONGFUL WITHHOLDING OF A TENANT'S SECURITY DEPOSIT MAY AWARD THE TENANT TREBLE DOUBLE DAMAGES OR DAMAGES EQUALING UP TO 3 2 MONTHS' RENT, WHICHEVER IS LESS; AND AMENDING SECTION 70-25-204, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-25-204, MCA, is amended to read:
"70-25-204. Wrongful withholding of security deposit -- action -- damages. (1) (a) If the court in a civil action finds that a A person who has wrongfully withholds withheld a residential property security deposit or any portion of the deposit, the court may award is liable in damages to the tenant in a civil action for an amount equal to not to exceed three TWO times the sum determined to have been wrongfully withheld or deducted or in an amount equaling up to 3 2 months' rent paid by the tenant, whichever is less.
(b) The court may award attorney fees may be awarded to the prevailing party at the discretion of the court.
(c) 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 not any damages to the premises, no cleaning was not required, no rent was not unpaid, and no utilities were not unpaid by the tenant."
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Latest Version of HB 188 (HB0188.02)
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