Eviction Laws in Butte, Montana
Butte is the Richest Hill on Earth — the copper city whose mining-era bones make it the most distinctive landlord market in Montana, and the cheapest in this entire guide. Apartment rents average just $845 (1BR around $795, 3BR around $925), with the all-property median near $1,300–$1,450 once single-family houses are counted — roughly a third below the national average even at the high estimate, on median home prices under $200,000. About 30% of households rent, anchored by Montana Tech students, St. James Healthcare, the still-active Montana Resources pit, and the government payrolls of the consolidated city-county. The stock itself is the story: 42% of Butte’s rentals were built in 1939 or earlier — the oldest rental housing in this guide by a wide margin — Victorian-era miners’ housing and uptown brick walk-ups inside one of the largest National Historic Landmark districts in the country. Rents drifted down about 3% over the past year, so Butte is a pure yield market: bought right, the cash flow is among the best anywhere; bought on hoped-for appreciation, it isn’t.
Montana’s eviction framework under the Montana Residential Landlord and Tenant Act (MCA Title 70, Chapter 24) applies uniformly across Butte and Silver Bow County. For nonpayment of rent, landlords serve a written 3-Day Notice to Pay or Vacate (MCA § 70-24-422(2)) stating the exact amount due, with termination not less than three days after the tenant receives it. Lease violations follow Montana’s notice ladder: 3 days for unauthorized pets or unauthorized occupants, 14 days to cure most other violations, 5 days with no cure when substantially the same violation repeats within six months, and 3 days for property damage, threatening conduct — or verbal abuse of the landlord, a uniquely Montana ground covered in the FAQ below. Once a notice expires without compliance, the landlord files an action for possession in the Butte-Silver Bow Justice Court. Montana’s process is expedited — an uncontested case commonly runs 2 to 4 weeks to a Writ of Assistance. Montana has no rent control and no security deposit cap, but deposit returns run on a strict 10-day (no deductions) or 30-day (itemized deductions) clock under MCA § 70-25-202.
Butte & Silver Bow County — Local Rules That Affect Landlords
No rent control. Montana has no rent regulation at the state or local level, and Butte has none.
The Pre-1940 Stock. When 42% of the rentals predate World War II, vintage-housing rules are simply the rules: federal lead-paint disclosure applies to virtually everything, mining-era electrical and plumbing systems make inspections and insurance underwriting a bigger deal than the purchase price suggests, and exterior work on uptown properties inside the National Historic Landmark district can involve preservation review — ask Butte-Silver Bow before re-siding a Victorian. One genuinely local resource: Butte’s federally funded residential remediation programs have addressed mining-era lead and arsenic in soils and attic dust across the hill for years — if you’re buying older stock, ask the county whether the property has been through the program; remediated and documented is a selling point, unknown is a question mark.
The Cheapest Market in This Guide. Sub-$200k entry prices against $850–$1,300 rents produce yield numbers the boomtowns can’t touch — and flat-to-soft rents mean that yield is the whole return. Underwrite real maintenance reserves (old stock eats capex), buy buildings not projections, and let Montana Tech, the hospital, and the mine’s payroll be the demand floor they’ve been for a century.
One Government. Butte and Silver Bow County consolidated in 1977 — one of only two consolidated city-counties in Montana (with Anaconda-Deer Lodge). For landlords that means a single permitting, code, and health authority county-wide, and the Justice Court’s reach matches it. Fewer layers, fewer surprises.
Security Deposit Rules. No statutory cap. Returns within 10 days with no deductions, 30 days with an itemized statement; cleaning deductions require Montana’s written-notice-plus-24-hours procedure first. Wrongful withholding risks damages plus attorney fees with the burden of proof on the landlord.
Butte-Silver Bow Justice Court — Where Butte Landlords File
Butte landlords file possession actions with the Butte-Silver Bow Justice Court at the historic county courthouse, Room 305, 155 W. Granite Street, Butte, MT 59701 (406-497-6390). Butte has two elected Justices of the Peace, and the civil division handles landlord/tenant disputes up to $15,000 excluding court costs (small claims to $7,000, counterclaims capped at $6,500) — larger damages claims belong in District Court. Montana’s service rules apply: you cannot serve the summons and complaint yourself — use the sheriff, a levying officer, or any adult over 18 who isn’t a party, within Montana, and file the signed proof of service with the original summons. Locally, the Butte-Silver Bow Sheriff’s civil process office handles service requests from the Law Enforcement Building at 225 North Alaska Street (civil clerk: 406-497-1185) — a short walk from the courthouse, and the same office that will ultimately execute a Writ of Assistance if you prevail and the tenant remains. Self-help — lockouts, utility shutoffs, removing belongings — is prohibited under the Act. Statewide resources: the Montana Courts’ Landlords’ Rights & Duties Handbook and Action for Possession packet at courts.mt.gov, the Montana Landlords Association (which the sheriff’s office itself points landlords toward), and MontanaLawHelp.org (1-800-666-6899).
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