Montana Statute of Limitations for Property Damage and Small Claims

Why the Deadline Matters

Every civil claim in Montana has a statute of limitations — a fixed window during which you must file or lose the right to sue. The period generally starts when the claim accrues. For injuries to a person or property, MCA § 27-2-102(3) delays the period until the injured party discovers or, through due diligence, should discover the facts if they are concealed or the defendant prevented discovery; fraud or mistake has a separate two-year period from discovery under MCA § 27-2-203.

Property Damage: 2 Years

Under MCA § 27-2-207, claims for injury to real or personal property — trespass, waste, damage to a vehicle, a neighbor's tree falling on your fence, or conversion of goods — must generally be filed within two years after the claim accrues.

This is one of Montana's shorter deadlines, and it catches people off guard. If a contractor damaged your home in January 2025, the filing window closes in January 2027 regardless of how long the repair negotiations dragged on.

Written Contracts: 6 Years

A claim based on a written contract (a signed lease, a service agreement, a promissory note) has a six-year limitations period under MCA § 27-2-202(1). This gives you substantial runway, but the clock starts when the breach occurs — typically the date a payment was due and not made.

Oral Contracts and Unwritten Obligations: 5 Years

Oral agreements, handshake deals and accounts stated fall under a five-year window (MCA § 27-2-202(2)). Many contractor disputes land here when there was no signed contract — just a verbal quote and a deposit.

General Torts and Personal Injury: 3 Years

Tort claims not covered by a specific statute — such as negligence — carry a three-year limitations period under MCA § 27-2-204(1). Fraud or mistake has a two-year period from discovery under § 27-2-203, and conversion of goods falls under the two-year property period in § 27-2-207. Personal-injury tort claims seeking unliquidated damages (pain and suffering) cannot be heard in small claims court, even if filed within time. Small claims jurisdiction is limited to fixed, calculable sums.

Security Deposit Claims

Under MCA § 70-25-202, a Montana landlord must provide an itemized list of rent, damage, and cleaning charges and refund any remaining deposit within 30 days after the tenancy ends or the premises are surrendered and accepted, whichever happens first. If there are no damages, cleaning, or unpaid rent and the tenant can demonstrate that no utilities are unpaid, the deposit is due within 10 days. If the landlord fails, the tenant's claim is generally subject to the five-year period for an unwritten agreement or six-year period for a written contract. The deposit-return deadline is the trigger, not the deadline for filing suit.

How the Statute of Limitations Interacts with Small Claims

Under MCA § 25-35-601, a small-claims action is commenced when you appear before a Justice of the Peace or the justice's clerk and execute a sworn complaint. A demand letter does not toll the statute, and neither does an informal mediation attempt. If you are close to the deadline, appear and execute the complaint promptly.

Montana small claims cases must be filed in person — electronic filing is not available — so factor in travel time to the courthouse when the deadline is approaching.

Planning Your Timeline

The Montana Small Claims Filing Guide includes a pre-filing eligibility checklist that walks through the statute of limitations for each claim type alongside the dollar cap and venue rules, so you can confirm whether your case still qualifies before you invest in the filing process.

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