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McCone County Montana
McCone County · Montana

McCone County Landlord-Tenant Law

Montana landlord guide — Circle, Brockway, Vida & MCA Title 70, Chapter 24

🏛️ County Seat: Circle
👥 Population: ~1,700
🏔️ State: MT

Landlord-Tenant Law in McCone County, Montana

McCone County is a sparsely populated ranching and farming county in eastern Montana, covering 2,683 square miles of rolling prairie along the Redwater River with a population of approximately 1,700 people — a density of less than one person per square mile that makes it one of the ten least densely populated counties in the entire United States. The county seat of Circle, named for the brand of the Mabry Cattle Corporation that established operations here in 1884, is the only incorporated town in the county and serves as the commercial, educational, and healthcare hub for a ranching community whose character has been defined by cattle and grain agriculture since the open-range era of the 1880s.

McCone County’s economy is dominated by agriculture to a degree that is exceptional even by eastern Montana standards: the largest employment sector by far is agriculture, forestry, fishing, and hunting, employing roughly a third of the county’s workforce. Wheat, cattle, and pulse crops are the primary agricultural products. The southern portion of the county borders the Charles M. Russell National Wildlife Refuge, one of the largest wildlife refuges in the lower 48 states, which draws seasonal hunters and outdoor recreationists. Circle’s institutional employers include the McCone County Health Center (the county’s critical access healthcare facility), Circle Public Schools, and county government. All residential tenancies in McCone County are governed by MCA Title 70, Chapter 24. FED actions are filed at McCone County Justice Court in Circle. No local ordinances layer beyond state law. Montana has no statewide rent control.

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📊 McCone County Quick Stats

County Seat Circle
Population ~1,700
Largest Town Circle (~580)
Median Rent ~$400–$700
Major Economy Cattle ranching, wheat & grain farming, McCone County Health Center, Circle Schools, hunting/recreation
Rent Control None (no state or local)
Landlord Rating 5/10 — Extremely thin rental market, agriculture-dependent, stable but declining population

⚖️ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Pay or Vacate
Lease Violation (minor) 14-Day Notice to Cure or Quit
Lease Violation (major) 3-Day Notice to Cure or Quit
No-Cause (Month-to-Month) 30-Day Written Notice
Court McCone County Justice Court
Process Name Forcible Entry and Detainer (FED)
Deposit Return 10 days (clean) / 30 days (itemized); separate account

McCone County Local Ordinances

Montana state law governs — no McCone County municipality has enacted local landlord-tenant protections beyond state statute

Category Details
Rental Registration No McCone County municipality operates a mandatory rental registration program. Circle, the only incorporated town, has a mayor-council government but no rental licensing, inspection, or registration requirements. The rental housing stock is extremely limited — of roughly 1,025 housing units countywide, approximately 80 percent are owner-occupied, leaving fewer than 150 renter-occupied units in the entire county. The rental vacancy rate of nearly 15 percent reflects the thin market and population decline rather than oversupply in any meaningful economic sense.
No Local Ordinances McCone County has no local landlord-tenant ordinances, no source-of-income protections, no expanded fair housing provisions, and no additional requirements beyond Montana state law. The county’s extremely small population makes local regulatory layers a practical impossibility. Landlords operate exclusively under the state framework established by MCA Title 70, Chapter 24.
Rent Control Montana has no statewide rent control. No McCone County municipality has enacted rent stabilization. Rents in Circle are among the lowest in Montana, reflecting the county’s agricultural income base, its remoteness from urban centers, and the persistent population decline that has reduced demand for rental housing over recent decades.
Security Deposit Montana’s no-cap deposit rule, 10-day clean return, 30-day itemized return, separate bank account requirement, and 24-hour cleaning notice before deducting apply throughout McCone County. At Circle market rents, deposits typically run $400–$800. The same procedural requirements that apply in Billings and Missoula apply in Circle — the informality common in small rural communities does not excuse noncompliance with deposit handling statutes.
Hunting Season Housing McCone County’s proximity to the Charles M. Russell National Wildlife Refuge and its expansive public and private hunting lands create a brief but real seasonal housing demand during big game hunting seasons in the fall. Landlords with furnished properties who rent to seasonal hunters should evaluate whether these arrangements constitute residential tenancies subject to MCA Title 70, Chapter 24, and should structure agreements with clear dates and terms. Consult a licensed Montana attorney for guidance on seasonal hunting accommodation arrangements.
Landlord Entry MCA § 70-24-312 requires 24 hours’ advance written notice before non-emergency entry. In a community as small as Circle, landlords and tenants typically know each other personally. Written notice with documented delivery remains the legal requirement regardless of the personal relationship, and protects both parties from misunderstandings.

Last verified: April 2026 · Source: MCA Title 70, Chapter 24

🏛️ Courthouse Information

Where landlords file FED actions in McCone County

🏛️ Courthouse Information and Locations for Montana

💸 Eviction Cost Snapshot

Typical fees for a McCone County FED action

💰 Eviction Costs: Montana
Filing Fee $50-90
Total Est. Range $150-500
Service: — Writ: —

Montana Eviction Laws

MCA Title 70, Chapter 24 statutes, notice requirements, and landlord rights that apply in McCone County

⚡ Quick Overview

3
Days Notice (Nonpayment)
14 (general); 3 (pets/verbal abuse/unauthorized residents); immediate for damage/drugs
Days Notice (Violation)
30-60
Avg Total Days
$$50-90
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay Rent or Quit
Notice Period 3 days
Tenant Can Cure? Yes - tenant can pay within 3 days; also 5-day redemption period after judgment for nonpayment
Days to Hearing 10-20 (answer due in 5 days; hearing within 14 days of answer) days
Days to Writ 5 days after judgment for nonpayment (redemption period) days
Total Estimated Timeline 30-60 days
Total Estimated Cost $150-500
⚠️ Watch Out

CRITICAL: Triple damages. If landlord wins eviction tenant may owe up to 3x rent/damages (§ 70-27-205(2), 70-27-206). For nonpayment: 5-day redemption period after judgment - tenant can pay all rent + interest within 5 days to stop eviction (§ 70-27-205(3)). For all other evictions: judgment enforceable immediately (no redemption). Tenant must file written answer within 5 days of service (excluding Sat/Sun/holidays). If no answer = default judgment. If tenant requests continuance must pay damages/back rent into court. Holdover after 30-day notice (without cause) = 'purposeful' and court may order 3x holdover damages (§ 70-24-429).

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📝 Montana Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Justice Court or District Court (MCA § 70-27-101). Pay the filing fee (~$$50-90).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Montana eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Montana attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Montana landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Montana — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Montana's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⏱ Notice Period Calculator

Calculate your required notice period and earliest filing date

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏙️ Communities in McCone County

Towns and places within this county

📍 McCone County at a Glance

Eastern Montana prairie ranching county. Named for the brand of the Mabry Cattle Corporation (1884). Circle is the only incorporated town (~580 people). Agriculture employs ~1/3 of the workforce. Charles M. Russell National Wildlife Refuge borders southern edge. McCone County Health Center provides critical access healthcare. McCone Electric Co-op serves 14,000+ square miles. Population peaked at 4,500+ in 1930; declining since. Deposit: 10-day clean / 30-day itemized; separate account; 24-hr cleaning notice. FED at McCone County Justice Court. No rent control.

McCone County

Screen Before You Sign

Agricultural workers and ranch families: verify operation, position type, and whether income is year-round or seasonal. Understand that commodity prices and weather directly affect farm and ranch incomes year to year. McCone County Health Center employees: the most stable non-agricultural employment tier — verify position and full-time status. Circle School district staff: verify contract type. County government employees: verify position. For all applicants, income verification is critical in an agriculture-dependent economy. Pull McCone County Justice Court records for all applicants.

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The Circle Brand: Open-Range Origins and Modern Landlording on Montana’s Eastern Prairie

The town of Circle takes its name from the brand of the Mabry Cattle Corporation, which drove herds into this section of eastern Montana in 1884 and established one of the open-range operations that defined the region before the homesteaders arrived. It was common practice in the open-range era for a ranch to be known by its brand rather than its corporate name, and when Peter Rorvik opened a store and post office in the old ranch house in 1905, he naturally named the settlement “Circle.” That branding origin — a cattle brand becoming a town name becoming a county seat — tells you everything you need to know about the economic foundation of McCone County: this is cattle country, it was cattle country before it was anything else, and cattle ranching, along with grain farming, remains the dominant economic activity more than 140 years after the Mabry herds first grazed these plains.

McCone County was carved from Dawson County in 1919, during the same homestead-era county-creation wave that produced many of eastern Montana’s smaller counties. The county was named for State Senator George McCone, who had served as one of the first county commissioners of the original Dawson County. Circle won the bid for county seat — a designation that has been critical to the town’s survival, because county government employment and the courthouse itself provide a stable institutional presence that purely agricultural communities lack.

The Agricultural Economy and Its Rental Market Implications

McCone County’s agricultural dominance is quantifiable: agriculture, forestry, fishing, and hunting employ approximately 304 of the county’s 914 workers — roughly a third of the total workforce, a proportion that dwarfs the agricultural employment share in any urban Montana county. Educational services (Circle Schools) and public administration (county government) are the next largest sectors, but at a fraction of agriculture’s scale. The county’s median household income of roughly $72,000 is higher than many neighboring eastern Montana counties, reflecting the fact that successful large-scale farming and ranching operations can generate strong incomes in good years — but this figure masks the year-to-year volatility that is inherent in commodity agriculture.

For landlords, the agricultural dominance creates a rental market that is unlike anything in western Montana. The total number of renter-occupied housing units in McCone County is fewer than 150, spread across the entire 2,683-square-mile county. Most of these units are in Circle itself. The rental vacancy rate of nearly 15 percent sounds high, but in a market this small, it represents perhaps 20 actual vacant rental units — some of which may be in poor condition, seasonally unavailable, or located in isolated rural settings that do not serve the typical renter. Available, habitable rental housing in Circle is genuinely scarce, and landlords who maintain their properties to a reasonable standard will generally have little difficulty finding tenants — though the pool of applicants is necessarily small and screening options are limited by the personal-acquaintance dynamics of a 580-person town.

Circle’s Institutional Employers

Circle’s non-agricultural employment is concentrated in three institutional anchors that provide the stable, year-round income base that the town’s small rental market depends on. The McCone County Health Center is the county’s critical access healthcare facility, providing 24/7 emergency room care, a physician assistant on staff, and the basic medical services that a remote community of this size requires. Healthcare employees represent the most reliable tenant pool in McCone County — their positions are salaried, their employment is not contingent on commodity prices or weather, and their presence in Circle is by definition year-round.

Circle Public Schools serve the county’s K-12 students and employ teachers, administrators, and support staff whose positions provide the same predictable income that makes school employees reliable tenants throughout rural Montana. The school has experienced the enrollment declines that affect virtually all of eastern Montana’s small-population counties — Circle High School graduated 60 seniors in 1966 but only 17 in 2009 — but the school system remains operational and its employees remain a core tenant demographic.

County government employment, centered at the McCone County Courthouse in Circle, adds another layer of year-round institutional stability. The county attorney, sheriff’s office, clerk and recorder, road department, and various other county offices employ a modest but reliable workforce. Federal agricultural agency offices — the USDA Farm Service Agency and Natural Resources Conservation Service — also maintain a presence in Circle, adding a small federal employment component to the local economy.

The Charles M. Russell Wildlife Refuge and Seasonal Recreation

The southern portion of McCone County borders the Charles M. Russell National Wildlife Refuge, the second-largest national wildlife refuge in the lower 48 states at approximately 1.1 million acres. The CMR, as it is commonly known, stretches 125 miles along the Missouri River and provides habitat for elk, mule deer, pronghorn, bighorn sheep, prairie dogs, and hundreds of bird species across a landscape of native prairie, forested coulees, and badlands that has changed remarkably little since the Lewis and Clark Expedition passed through in 1805.

The refuge and the surrounding public and private lands make McCone County a destination for big game hunting during fall seasons. This creates a brief but genuine seasonal demand for housing — hunters seeking lodging in Circle or on nearby ranches for periods ranging from a weekend to several weeks. This demand does not constitute a tourism economy in the way that fly fishing tourism drives Ennis or skiing drives Big Sky, but it does create an opportunity for landlords with furnished properties or spare rooms to generate seasonal income. As with all seasonal rental arrangements, landlords should evaluate whether the arrangement constitutes a residential tenancy under Montana law and structure agreements accordingly.

Population Decline and the Long View

McCone County’s population has been in decline for nearly a century. The county peaked at over 4,500 residents in the 1930 Census, swollen by the homestead era’s influx of settlers. The 1960 Census recorded a brief uptick to roughly 3,300 during an oil exploration boom, but the underlying trajectory has been downward ever since. The 2020 Census counted 1,729 residents, and current estimates place the population at approximately 1,700 — less than 40 percent of its 1930 peak.

This decline reflects the structural forces that have emptied agricultural communities across the northern Great Plains: farm mechanization that reduced the labor required to operate large-acreage operations, farm consolidation that merged small homestead claims into economically viable modern farms and ranches, the departure of young people for educational and employment opportunities in Montana’s cities, and the aging of the remaining population. The median age in McCone County is over 46, and the county’s age structure skews toward seniors — a demographic profile that is common across eastern Montana’s most rural counties.

For landlords, this population trajectory is the central long-term consideration. McCone County is not growing, its economy is not diversifying, and rental investment here is fundamentally a bet on the continued viability of the agricultural economy and the institutional anchors (health center, school, county government) that sustain Circle as a functioning community. The upside is that in a market this thin, well-maintained rental properties face minimal competition and reliable occupancy from institutional employees who have no alternative housing nearby. The downside is that the market offers no growth premium and no exit liquidity — selling a rental property in Circle requires finding a buyer in one of the smallest real estate markets in the country.

McCone County’s cooperatives — Farmers Elevator (a division of CHS), McCone Electric Co-op (serving over 14,000 square miles of eastern Montana), and Mid-Rivers Communications (telephone, wireless, internet, and cable TV) — are significant local employers and represent the cooperative economic structure that is characteristic of Great Plains agricultural communities. Mid-Rivers Communications in particular plays an outsized role in rural eastern Montana by providing the telecommunications infrastructure that allows remote participation in the broader economy, and its employees in Circle represent another pocket of stable, year-round employment.

McCone County landlord-tenant matters are governed by the Montana Residential Landlord and Tenant Act of 1977, MCA Title 70, Chapter 24, and the Montana Tenants’ Security Deposits Act, MCA Title 70, Chapter 25. Nonpayment notice: 3-day pay or vacate. Minor lease violation: 14-day cure or quit. Major lease violation: 3-day cure or quit. No-cause termination (month-to-month): 30-day written notice. Security deposit: no cap; 10-day return if no deductions, 30-day itemized return if deductions; must be held in separate bank account; bank name and address provided to tenant; 24-hour written cleaning notice required before deducting cleaning charges (MCA § 70-25-201(3)). Landlord entry: 24 hours’ advance written notice (MCA § 70-24-312). No rent control. No local ordinances beyond state law. Federal lead paint disclosure required for pre-1978 properties. FED action filed at McCone County Justice Court in Circle. Consult a licensed Montana attorney before taking legal action. Last updated: April 2026.

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Disclaimer: This page provides general information about landlord-tenant law in McCone County, Montana and is not legal advice. Laws change frequently. Always verify current requirements with a licensed Montana attorney before taking legal action. Last updated: April 2026.

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