How to Sue a Roommate in Montana Small Claims Court
Unpaid rent, stolen deposits & property damage
In Montana, roommate disputes are handled in the Justice Court. You can sue for up to $7,000 without a lawyer — making small claims the fastest and most affordable way to resolve a roommate dispute. Roommate disputes are among the most personal — and most common — cases in small claims court. Whether your roommate skipped out on rent, took your security deposit, or damaged your belongings, small claims gives you a legal way to recover without the expense of a full lawsuit.
What You Can Sue a Roommate For in Montana
- ✓ Roommate left without paying their share of rent
- ✓ Roommate took your portion of the security deposit
- ✓ Roommate damaged your personal property
- ✓ Roommate didn't pay utilities they agreed to cover
- ✓ Roommate borrowed money and won't repay
- ✓ Roommate kept shared furniture or belongings when they moved out
Montana Small Claims — Key Facts
Step-by-Step: Suing a Roommate in Montana
Confirm your claim is within Montana's $7,000 limit
Montana's small claims limit is $7,000. If your damages are higher, you can reduce your claim to the limit or file in Montana civil court. Use our Montana Small Claims Limit guide for the full details.
Send a demand letter first
Send a demand text or email first — not to be nice, but because courts want to see you tried to resolve it. The response (or lack of one) becomes evidence. Courts in Montana expect plaintiffs to have made a good-faith attempt to resolve the dispute. A demand letter also creates a paper trail and often prompts payment without any court filing.
Gather your evidence
Your case is only as strong as your evidence. Collect everything before filing — see the checklist below for exactly what you need for a roommate dispute.
Find the right Montana courthouse
File at the Justice Court in the Montana county where the roommate is located, does business, or where the dispute occurred. For businesses, check the Montana Secretary of State website for the correct legal name and registered agent address.
Pay the filing fee ($30–$70)
Montana small claims filing fees range from $30 to $70 depending on your claim amount. Use our Montana Filing Fee Calculator to find the exact amount for your claim. Keep your file-stamped copy.
Serve the defendant properly
The roommate must be formally notified of the lawsuit. Montana courts provide specific instructions — follow them exactly. Improper service is one of the most common reasons cases are dismissed.
Present your case at the hearing
Bring 3 organized copies of all evidence. Present your case in order: what happened, how much you lost, and why the roommate is responsible. Most Montana small claims hearings last 15–30 minutes. Stay calm, stick to facts, and let the judge ask questions.
Evidence Checklist: Suing a Roommate in Montana
Tips for Winning Your Roommate Case in Montana
Even an informal text exchange that says 'yeah I'll pay you back for February rent' is enforceable in small claims court.
If you're on a joint lease, you may also be partially liable for the landlord — small claims doesn't help with that, but it helps you recover from your roommate directly.
Screenshot all relevant text messages before filing — people often delete them once they know a lawsuit is coming.
Consider the cost-benefit: filing fees range from $30–$100. If the amount owed is under $200, it may not be worth the time even if you win.
Check Montana's Exact Filing Fee
Filing fees in Montana range from $30–$70 depending on your claim amount. Find the exact fee before you file.
Montana Filing Fee Calculator →