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Mineral County Montana
Mineral County · Montana

Mineral County Landlord-Tenant Law

Montana landlord guide — Superior, St. Regis, Alberton, De Borgia & MCA Title 70, Chapter 24

🏛️ County Seat: Superior
👥 Population: ~5,200
🏔️ State: MT

Landlord-Tenant Law in Mineral County, Montana

Mineral County is a long, narrow slice of western Montana that follows the I-90 corridor along the Clark Fork and St. Regis rivers from the Idaho border at Lookout Pass to the Missoula County line near Alberton. Created in 1914 from the western end of Missoula County, Mineral County covers 1,223 square miles of which approximately 87 percent is public forest land — primarily Lolo National Forest — and only about 5 percent is in private ownership. With an estimated population of approximately 5,200 and growth of over 24 percent since 2010, Mineral County is small but growing, attracting lifestyle migrants drawn to its heavily forested mountain setting, its relative affordability compared to Missoula (57 miles east), and its position on a major interstate corridor that provides unusual accessibility for a rural Montana county.

The county seat of Superior (~970 people) sits on the Clark Fork River and serves as the governmental and commercial center. St. Regis, at the junction of the St. Regis River and the Clark Fork, is a traveler-services hub on I-90. Alberton, near the Missoula County line, is an historic railroad town. Haugan, De Borgia, Saltese, and other small communities dot the I-90 corridor between the Idaho border and Superior. Mineral County’s economy has transitioned from its historic dependence on timber, mining, and the railroad toward construction, retail, healthcare, and recreation, though the transition is incomplete and poverty rates remain above the state average. All residential tenancies are governed by MCA Title 70, Chapter 24. FED actions are filed at Mineral County Justice Court in Superior. No local ordinances layer beyond state law. Montana has no statewide rent control.

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📊 Mineral County Quick Stats

County Seat Superior
Population ~5,200
Largest Town Superior (~970)
Median Rent ~$700–$1,100
Major Economy Construction, retail, healthcare, Forest Service, I-90 traveler services, Lookout Pass recreation
Rent Control None (no state or local)
Landlord Rating 6/10 — I-90 accessibility, Missoula commuter potential, growing population, limited private land

⚖️ 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 Mineral County Justice Court
Process Name Forcible Entry and Detainer (FED)
Deposit Return 10 days (clean) / 30 days (itemized); separate account

Mineral County Local Ordinances

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

Category Details
Rental Registration No Mineral County municipality operates a mandatory rental registration program. Superior, St. Regis, and Alberton each maintain local governments but none have enacted rental licensing or inspection requirements. The vast majority of Mineral County’s land is federally managed (over 80 percent), which severely constrains the total amount of private land available for residential development and makes the existing housing stock particularly limited relative to the county’s geographic size.
No Local Ordinances Mineral 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. Landlords operate exclusively under the state framework established by MCA Title 70, Chapter 24.
Rent Control Montana has no statewide rent control. No Mineral County municipality has enacted rent stabilization. Rents have increased in recent years as the county has attracted lifestyle migrants and Missoula-area workers seeking more affordable housing. The Alberton area, closest to Missoula, has seen the most significant price pressure.
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 Mineral County. At local market rents, deposits typically run $700–$1,500. The procedural requirements apply equally in Superior, St. Regis, and Alberton.
Land Ownership & Access Mineral County’s land ownership pattern — over 80 percent federal, approximately 3 percent state, 8 percent corporate timber, and only 5 percent private — creates a distinctive checkerboard of public and private land. Many private parcels require rights-of-way across federal or state land for access. Landlords acquiring property in Mineral County should verify that legal access exists to the property and that any required easements or rights-of-way are properly documented. Properties in remote locations may also lack utility service or require private well and septic systems.
Landlord Entry MCA § 70-24-312 requires 24 hours’ advance written notice before non-emergency entry. Cell service in Mineral County is unreliable in many locations outside the I-90 corridor, and properties in side valleys or up Forest Service roads may be difficult to reach. Written notice with documented delivery is critical for properties in remote settings.

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

🏛️ Courthouse Information

Where landlords file FED actions in Mineral County

🏛️ Courthouse Information and Locations for Montana

💸 Eviction Cost Snapshot

Typical fees for a Mineral 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 Mineral 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

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📋 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 Mineral County

Towns and places within this county

📍 Mineral County at a Glance

I-90 corridor county along the Clark Fork and St. Regis rivers. 87% public forest land (Lolo National Forest). Only 5% private land. Superior: county seat, 1869 gold rush origins, first Gideon Bibles placed here (1908). Alberton Gorge: world-class whitewater. Lookout Pass Ski Area & Route of the Hiawatha Bike Trail. Historic Mullan Road corridor (1859–60). Two transcontinental railroad routes. 24%+ population growth since 2010. Deposit: 10-day clean / 30-day itemized; separate account; 24-hr cleaning notice. FED at Mineral County Justice Court. No rent control.

Mineral County

Screen Before You Sign

Construction workers: the county’s largest employment sector — verify employer, project pipeline, and year-round vs. seasonal status. Healthcare workers (Mineral Community Hospital): verify position and full-time status. Retail and I-90 service workers: verify employer and hours. Forest Service and federal employees: verify appointment type and duration. School district employees (Superior, Alberton, St. Regis K-12): verify contract type. Missoula commuters: the Alberton area draws workers commuting to Missoula — verify Missoula employer and commute sustainability. Pull Mineral County Justice Court records for all applicants.

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The I-90 Corridor: Mullan Road History, Forest Land Constraints, and Landlording Between Missoula and Idaho

Mineral County exists because of its corridors. The Mullan Road — the first engineered road across the northern Rockies, built by Army Lieutenant John Mullan between 1859 and 1862 to connect Fort Benton on the Missouri River with Fort Walla Walla on the Columbia — followed the St. Regis and Clark Fork river valleys through what would become Mineral County. The Northern Pacific Railroad followed the same corridor in the 1880s. The Chicago, Milwaukee, St. Paul and Pacific Railway (the Milwaukee Road) built a parallel line through the county in 1907–1908. Interstate 90 completed the sequence in the 1960s, laying the modern highway directly over the path that Mullan’s road crews had cleared through dense timber a century earlier. Every community in Mineral County sits along this corridor — there is essentially no settlement away from the I-90/river valley axis, because the mountains that rise on either side are almost entirely national forest.

This corridor geography defines everything about Mineral County as a rental market. The entire population lives in a narrow ribbon of private land in the valley bottom, hemmed in by Lolo National Forest on all sides. Only about 5 percent of the county’s land is privately owned, which means that the total buildable area is extraordinarily limited for a county of 1,223 square miles. This scarcity of private land constrains the housing supply in a way that has no parallel in Montana’s prairie counties, where land availability is essentially unlimited, and it means that property values and rents reflect not just demand but the physical impossibility of significant new development in many locations.

Three Towns Along the Interstate

Mineral County’s three principal communities each serve different functions within the corridor. Superior, the county seat, was founded in 1869 and grew during the Cedar Creek gold rush of the 1860s and 1870s that brought several thousand miners to the mountains south of the Clark Fork. The 1920 courthouse remains in use. Superior hosts the county government offices, Mineral Community Hospital, Superior K-12 Schools, and the Mineral County Museum, which houses what is reputedly the finest collection of John Mullan and Mullan Road papers in existence. In 1908, the Superior Hotel became the first hotel to receive Gideon Bibles in its rooms — a piece of American hospitality history commemorated by a plaque on the Mullan Road.

St. Regis sits at the junction of the St. Regis River and the Clark Fork, where I-90 crosses Montana Highway 135 (the St. Regis to Paradise Scenic Byway). Its economy centers on I-90 traveler services — fuel, food, lodging, and the gift and travel center that markets huckleberry products and Montana souvenirs to interstate traffic. St. Regis is also the departure point for the Route of the Hiawatha, a 15-mile bike trail through tunnels and across trestles of the abandoned Milwaukee Road rail line that has become one of the most popular cycling attractions in the northern Rockies. The Hiawatha Trail generates meaningful seasonal tourism revenue and creates summer employment in St. Regis and at the Lookout Pass trailhead.

Alberton, nearest to the Missoula County line, is the community most affected by Missoula spillover. Originally a Milwaukee Road railroad town platted in 1905, Alberton today attracts residents who work in Missoula but prefer the lower property costs and rural character of the Clark Fork corridor west of the city. The Alberton Gorge — a dramatic stretch of the Clark Fork with Class II and III whitewater rapids framed by rose-colored cliffs — has become one of western Montana’s most popular rafting destinations, generating summer recreation traffic and supporting several outfitting companies. Alberton’s proximity to Missoula (about 30 miles) makes it the Mineral County community with the most potential for rental demand growth, particularly as Missoula housing costs continue to rise.

The Great Fire of 1910 and the Timber Legacy

Mineral County’s forests bear the legacy of the Great Fire of 1910 — the largest wildfire in American history, which burned approximately three million acres across Idaho and western Montana in just two days in August 1910, killed 85 people (mostly firefighters), and destroyed several Mineral County communities including much of Haugan and the timber operations around De Borgia. The fire fundamentally reshaped both the physical landscape and the institutional response to wildfire: it led directly to the aggressive fire suppression policies that the U.S. Forest Service would pursue for most of the twentieth century and transformed the Forest Service from a small land management agency into the firefighting organization that it remains today.

For the local economy, the 1910 fire’s aftermath created decades of salvage logging work and established timber as the county’s dominant industry for most of the twentieth century. The Historic Savenac Nursery, built in 1907 near Haugan, produced millions of tree seedlings for reforestation after the fire and employed hundreds of Civilian Conservation Corps workers during the 1930s. Today, timber remains a component of the local economy — corporate timber interests own approximately 8 percent of the county’s land — but it no longer provides the employment base it once did. Construction has overtaken timber as the county’s largest employment sector, employing 237 workers compared to retail trade (233) and healthcare (217).

Lookout Pass and Recreation Growth

Lookout Pass Ski and Recreation Area, located at the Idaho border where I-90 crosses the Bitterroot Range at 4,725 feet, receives approximately 400 inches of snow annually and provides affordable skiing and snowboarding that draws visitors from both the Missoula and Coeur d’Alene/Spokane markets. The ski area is also the northern trailhead for the Route of the Hiawatha bike trail during summer months. This dual-season recreation asset has helped position the western end of Mineral County as a modest recreation destination, supporting seasonal employment and generating lodging demand at the motels and vacation properties near Haugan and the Idaho border.

Fish Creek State Park, the second-largest park in Montana’s state park system, is located along the Clark Fork between Superior and Alberton and is home to the largest ponderosa pine tree in the state. The park provides camping, fishing, and hiking access and contributes to the outdoor recreation amenity package that has helped attract the lifestyle migrants who are driving the county’s 24-percent population growth since 2010.

The Missoula Commuter Dynamic

Mineral County’s most important long-term rental market trend is the Missoula commuter dynamic. As Missoula’s housing costs have risen — driven by the university, healthcare, technology, and lifestyle factors that have transformed Missoula into one of Montana’s most expensive housing markets — workers priced out of Missoula have increasingly looked west along I-90 for more affordable alternatives. Alberton, 30 miles west, and Superior, 57 miles west, both offer significantly lower housing costs, and the I-90 corridor provides a reasonable year-round commute to Missoula employment. This commuter dynamic has contributed to Mineral County’s population growth and has begun to put upward pressure on rents, particularly in the Alberton area.

For landlords, the Missoula commuter is an increasingly important tenant profile. These are typically workers employed in Missoula’s healthcare, retail, service, or construction sectors who earn Missoula wages but cannot afford Missoula rents. Their income is verifiable through Missoula employers, their employment tends to be stable, and their commitment to the Mineral County commute reflects a deliberate housing choice rather than a transient arrangement. The trade-off for landlords is that these tenants may relocate if Missoula housing becomes more accessible or if gas prices and commute fatigue push them back toward Missoula.

Mineral 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. Verify legal access and easements for remote properties. Federal lead paint disclosure required for pre-1978 properties. FED action filed at Mineral County Justice Court in Superior. 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 Mineral 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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