When a tenant in the Flathead Valley wants to bring a cat or dog into a rental, three different charges tend to come up: pet deposit, pet fee, and pet rent. They sound similar, but Montana law treats them differently, and getting the difference wrong can create real problems for a landlord.
A refundable deposit, a one-time fee, and a recurring monthly charge each carry their own rules, and the “non-refundable pet fee” works differently under Montana law than many landlords assume. This guide covers what a pet deposit is under state law, how much a landlord can charge, when it must be refunded, and how service animals and emotional support animals fit into the picture.
Pet Deposit vs Pet Fee vs Pet Rent
| Term | What It Typically Means | How Montana Law Treats It |
| Pet Deposit | A one-time, refundable amount held to cover pet-caused damage | Treated as part of the regular security deposit |
| Pet Fee | A one-time charge often described as non-refundable | If meant to cover cleaning or damage, treated as a security deposit regardless of the label |
| Pet Rent | An ongoing monthly charge added to rent | Treated as ordinary rent, not a deposit, since it is paid and spent rather than held |
Is There a Cap on Pet Deposits in Montana
Montana does not set a dollar limit on security deposits, and that includes any amount charged specifically for a pet.
Unlike some states that cap deposits at a set number of months’ rent, Montana Code Annotated (MCA) leaves the amount up to the lease agreement. What Montana law regulates closely is how any such charge is labeled and returned. Under MCA 70-25-101, “a fee or charge for cleaning and damages, no matter how designated, is presumed to be a security deposit.” That sentence matters more than it looks.
A landlord cannot get around the state’s refund requirements simply by calling a charge a non-refundable pet fee. If the charge is meant to cover cleaning or pet-related damage, it is legally a security deposit and has to be handled under the same rules as the rest of the deposit.
Refund Rules That Apply to a Pet Deposit
Because a pet deposit is legally part of the security deposit, the same refund timeline applies. Under MCA 70-25-202, if there is no damage, no cleaning needed, no unpaid rent, and the tenant can show utilities are paid, the landlord must return the full deposit within 10 days of the tenancy ending.
the landlord is making deductions, MCA 70-25-201 lists what can be deducted, including unpaid rent, cleaning expenses, and damage caused by the tenant or the tenant’s pet, and requires a written, itemized list of those charges along with any remaining refund within 30 days.
There is one more step that protects both sides. MCA 70-25-206 requires the landlord to provide a written statement describing the condition of the unit at move-in. If a landlord skips this step, the landlord loses the right to withhold any part of the deposit for damage unless able to prove, by clear and convincing evidence, that the tenant caused it.
For a pet-related claim, a documented move-in condition report, along with photos, is often what decides whether a deduction holds up.
Service Animals and Emotional Support Animals
Montana treats a legitimate service animal or emotional support animal differently from an ordinary pet. Under the federal Fair Housing Act and Montana’s own Human Rights Act, MCA 49-2-305, a landlord’s refusal to make a reasonable accommodation, which includes allowing an assistance animal without charging a pet deposit, fee, or rent for it, can be treated as unlawful housing discrimination.
Montana House Bill 703, effective October 1, 2023, sets out the process a landlord may use to evaluate an emotional support animal request. If a tenant’s need is not obvious, the landlord can ask for supporting information from a health care practitioner who has treated the tenant for at least 30 days, but cannot ask about a specific diagnosis or request medical records. A landlord may deny the request only if the animal poses a direct threat to safety or property that cannot be reduced through another reasonable accommodation, and the tenant remains liable for any damage the animal causes. Trained service animals are defined separately under MCA 49-4-203 and are not subject to this documentation process.
Federal enforcement in this area has shifted recently. In May 2026, HUD rescinded its 2020 guidance and narrowed its enforcement focus to animals individually trained to perform a specific task, rather than automatically treating every untrained emotional support animal request the same way. That change affects how HUD prioritizes federal complaints, but it does not change Montana’s own law. The reasonable accommodation duty under MCA 49-2-305 and the process set out in HB 703 remain in effect for Montana landlords regardless of the federal shift.
What a Pet Deposit Can and Cannot Cover
A pet deposit exists to cover pet-caused damage: chewed door trim, scratched flooring, urine stains, or a flea infestation traceable to the animal. It is not a substitute for normal wear and tear, which Montana law treats the same way for any tenant, with or without a pet. Under MCA 70-25-201, deductions have to reflect actual damage or actual cleaning cost, not an estimate or a flat charge unrelated to what happened in the unit. Keeping receipts, photos, and a clear written explanation of any deduction protects a landlord if a former tenant disputes the charge.
Pet Rent and Pet Fees in Montana
Montana has no state law capping or banning monthly pet rent, and Montana also has no statewide or local rent control, since a 2023 state law bars any Montana city or county from adopting one.
A landlord is generally free to set a monthly pet charge as a lease term. The key distinction is how the charge functions in practice. A true pet rent, paid every month as part of the rent and not held or refunded, is not a security deposit under MCA 70-25-101, since it is not being held to secure anything, it is simply rent.
A one-time charge described as a fee that is really meant to cover future damage or cleaning is treated as a deposit no matter what it is called, as covered above. Landlords who want a defensible pet policy in Montana often do best with one clear structure, either a refundable deposit or an ongoing pet rent, rather than stacking multiple pet-related charges with unclear purposes.
Quick Checklist for Landlords
- Decide whether to use a pet deposit, pet rent, or both, and label each accurately in the lease
- Remember that any pet fee meant to cover damage is legally a security deposit in Montana
- Provide a written move-in condition statement for every tenancy
- Return the deposit within 10 days if there is nothing to deduct, or within 30 days with an itemized list
- For a service animal or emotional support animal, follow MCA 49-2-305 and HB 703 rather than charging a pet deposit or fee
- Keep documentation, including photos and receipts, for any pet-related deduction
Getting pet charges right protects a landlord’s ability to collect for real damage while keeping the lease compliant with Montana law. When in doubt about how a specific charge will be treated, matching the label to its actual purpose is the safest approach.
