Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
The landlord charges you for ordinary wear and tear
high likelihoodThe landlord bills you for repainting, carpet cleaning, or "making good" the unit, treating ordinary deterioration as damage.
What answers it
Montana does not allow a deposit to be applied to normal wear and tear. Montana regulates cleaning charges directly rather than through a wear-and-tear formula. § 70-25-201(3)(a): a cleaning charge may not be applied to routine cyclical maintenance unless the tenant's negligence forced the landlord to do it, and written notice of deficient cleaning must come first. § 70-25-201(4): "A person may not deduct or withhold from the security deposit any amount for purposes other than those set forth in this section." Ask the landlord to identify, item by item, what exceeds that standard, and to produce the move-in condition record that shows the item was not already worn when you took possession.
Mont. Code Ann. § 70-25-202 — § 70-25-202
"The carpet/paint had to be replaced"
high likelihoodThe landlord charges the full cost of a new carpet, new paint or a new appliance against your deposit.
What answers it
A tenant is not liable for the full replacement cost of an item that was already part-way through its useful life. The recoverable figure is the depreciated value of the remaining life, not a new-for-old replacement. Ask for the installation date and the invoice; carpet is conventionally depreciated over five to ten years and interior paint over two to four. A landlord who cannot date the item cannot prove the loss, and in a deposit case the landlord carries the burden.
Mont. Code Ann. § 70-25-202 — § 70-25-202
"We never received a forwarding address"
high likelihoodThe landlord says it could not return the deposit because it did not know where to send it.
What answers it
Montana does not condition the landlord's duty on receiving a forwarding address, so this is no answer at all. The landlord had a duty to account regardless, and could have sent the statement to the last known address.
Mont. Code Ann. § 70-25-202 — § 70-25-202
"We sent you the itemisation"
high likelihoodThe landlord asserts it posted the itemised statement inside the statutory window and that you simply did not receive it.
What answers it
Ask for proof of despatch, not proof of intention: the certificate of mailing, the certified-mail receipt, the tracking number, or the timestamped email. Most deposit statutes require the statement to be sent within the period, and the landlord bears the burden of showing it did so. An unevidenced assertion that a letter was posted is not evidence that it was.
Mont. Code Ann. § 70-25-202 — § 70-25-202
"We had to have the unit professionally cleaned"
high likelihoodA flat "cleaning fee" is deducted whether or not the unit was left dirty.
What answers it
A standing cleaning charge applied to every tenant is not a loss caused by you and is not a permitted deduction. The landlord must show the unit was left less clean than it was at move-in and must produce the invoice for the work actually done. Compare the move-in and move-out condition records; where the landlord did not make a move-in record, it has little with which to prove the difference.
Mont. Code Ann. § 70-25-202 — § 70-25-202
A cleaning charge with no chance to fix it
high likelihoodThe landlord bills you for cleaning without ever telling you the unit was not clean enough.
What answers it
§ 70-25-201(3)(b) gives you 24 hours after written notice of deficient cleaning to do the work yourself, and a notice sent by certified mail is deemed delivered three days after mailing. A landlord that deducted a cleaning charge without giving you that notice and that window has taken money it was not entitled to, however dirty the unit was.
Mont. Code Ann. § 70-25-202 — § 70-25-202
"You broke the lease, so we keep the deposit"
medium likelihoodThe landlord treats an early departure as forfeiting the deposit outright.
What answers it
A deposit is security for actual loss, not a penalty. Breaking a lease may make you liable for rent until the unit is re-let, but the landlord must mitigate, must itemise what it actually lost, and must still account for the deposit within the statutory period. A blanket forfeiture clause does not survive: deposit statutes are generally non-waivable, so a lease term purporting to let the landlord keep the money regardless is unenforceable.
Mont. Code Ann. § 70-25-202 — § 70-25-202