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Petroleum County Montana
Petroleum County · Montana

Petroleum County Landlord-Tenant Law

Montana landlord guide — Winnett & MCA Title 70, Chapter 24

🏛️ County Seat: Winnett
👥 Population: ~500
🏔️ State: MT

Landlord-Tenant Law in Petroleum County, Montana

Petroleum County is Montana’s least populous county and the eighth-least populous county in the entire United States, with approximately 500 residents spread across 1,674 square miles of central Montana prairie, badlands, and rimrock. Created in 1925 as the last of Montana’s 56 counties to be organized — carved from Fergus County and named for the Cat Creek Oil Field, where Montana’s first commercially significant petroleum was discovered in 1919 — Petroleum County represents the far extreme of rural Montana. The county seat of Winnett has a population of roughly 188 people, making it one of the smallest county seats in the nation. It is, by any measure, the most remote and sparsely settled county in this series.

Petroleum County’s economy is built on cattle and sheep ranching, with livestock farming accounting for nearly 90 percent of farm income. The average farm size of over 6,000 acres reflects the consolidation of homestead-era claims into the large-scale operations required to sustain a ranch family on semi-arid prairie. Oil production from the Cat Creek and Rattlesnake Butte fields continues at reduced levels, with crude piped to refineries in Billings. The county’s northern boundary reaches the Missouri River and the Charles M. Russell National Wildlife Refuge. Winnett Public Schools (K-12) and the county government are the primary institutional employers. The only county in Montana to operate under a county manager form of government (since 1944), Petroleum County is also the focus of Winnett ACES, a rancher-led nonprofit working to revitalize Winnett’s Main Street and create affordable housing. All residential tenancies are governed by MCA Title 70, Chapter 24. FED actions are filed at Petroleum County Justice Court. No local ordinances layer beyond state law. Montana has no statewide rent control.

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Yellowstone County

📊 Petroleum County Quick Stats

County Seat Winnett
Population ~500
Largest Town Winnett (~188)
Median Rent ~$350–$600
Major Economy Cattle & sheep ranching, oil production (Cat Creek/Rattlesnake Butte), Winnett Schools, county government
Rent Control None (no state or local)
Landlord Rating 4/10 — Montana’s least populous county, virtually no rental market, community revitalization underway

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

Petroleum County Local Ordinances

Montana state law governs — Petroleum County has no local landlord-tenant protections beyond state statute

Category Details
Rental Registration Petroleum County has no rental registration, licensing, or inspection requirements. Winnett is unincorporated as a city but functions as the county seat through county government. The total housing stock in the entire county is approximately 300 units, of which a significant percentage are vacant, abandoned, or used seasonally. The number of actual renter-occupied units in Petroleum County may be fewer than 50 countywide — making this the smallest rental market in Montana by a wide margin.
No Local Ordinances Petroleum 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. Petroleum County has no rent stabilization. Rents are among the lowest in Montana, reflecting the county’s extremely small population, agricultural income base, and remoteness — Lewistown is 52 miles west and Billings is 94 miles south.
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 in Petroleum County. The same procedural discipline required in Billings applies in Winnett. Informal deposit handling — common in communities this small — is a compliance risk that should be avoided.
Winnett ACES Housing Winnett ACES (Agricultural Community Enhancement and Sustainability), a rancher-led nonprofit founded in 2016, is actively working to create affordable housing in Winnett through the rehabilitation of historic buildings, including the Odd Fellows Hall (planned for apartments and retail) and the county courthouse upper floors (planned for teacher housing and commercial space). This community-driven revitalization effort is notable for a county of this size and may create new rental units in coming years. Landlords interested in Petroleum County should be aware of these developments.
Landlord Entry MCA § 70-24-312 requires 24 hours’ advance written notice before non-emergency entry. In a community of 188 people, landlords and tenants invariably know each other. Written notice remains the legal requirement regardless.

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

🏛️ Courthouse Information

Where landlords file FED actions in Petroleum County

🏛️ Courthouse Information and Locations for Montana

💸 Eviction Cost Snapshot

Typical fees for a Petroleum 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 Petroleum 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

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 Petroleum County

The lone town in this county

📍 Petroleum County at a Glance

Montana’s least populous county (~500 people). 8th least populous county in the U.S. Last of Montana’s 56 counties to be organized (1925). Named for Cat Creek Oil Field — Montana’s first major commercial petroleum discovery (1919). Winnett: population ~188, only town in county. Named for rancher Walter John Winnett, adopted into the Sioux tribe. County manager government (only one in MT). Livestock: ~90% of farm income. Average farm: 6,045 acres. War Horse National Wildlife Refuge. Dinosaur fossils (Tyrannosauridae, Alamosaurus). Winnett ACES: community revitalization nonprofit. Deposit: 10-day clean / 30-day itemized; separate account; 24-hr cleaning notice. FED at Petroleum County Justice Court. No rent control.

Petroleum County

Screen Before You Sign

In a county of 500 people, the tenant pool is extraordinarily limited. Ranchers and agricultural workers: verify operation and income stability. Winnett School employees: verify contract type — teacher housing is a documented community need. County government employees: verify position. Oil field workers: verify employer and project duration. In a community this small, personal references carry weight alongside formal screening, but documented procedures (written leases, proper deposit handling, documented notice) remain legally required. Pull Petroleum County Justice Court records for all applicants.

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Montana’s Last County: Cat Creek Oil, 6,000-Acre Ranches, and the Fight to Keep Winnett Alive

Petroleum County exists because of a cowboy who roped a mountain lion and a wildcatter who struck oil at 660 feet. The cowboy — whose encounter gave Cat Creek its name — is probably apocryphal. The oil is not. In February 1920, the Frantz Corporation’s “Antelope No. 1” well began producing crude from the Cat Creek field in what was then the eastern edge of Fergus County, and the oil was of such extraordinary quality — yielding approximately 50 percent gasoline straight from the ground — that tractors and Model T Fords could reportedly run on it without refining. The oil was so abundant and storage so nonexistent that it was initially dammed up in a coulee and given away free to ranchers and farmers for use as livestock dip. By 1922, the Cat Creek field was producing 2.2 million barrels annually, and Montana had its first genuine oil boom.

The boom created Petroleum County. In 1925, the Montana Legislature carved the eastern portion of Fergus County into a new county, named it for the industry that had put it on the map, and designated Winnett — named for Walter John Winnett, a rancher adopted into the Sioux tribe who had started operations here in 1879 — as its county seat. At the height of the boom, perhaps 3,000 people lived in the area. The Cat Creek oil camp was a rough, raw settlement of tar-paper shacks, company bunkhouses, and a cook house, served only by a post office, a church, a school, and a cemetery. But like all oil booms in the northern plains, the Cat Creek boom was finite. Production peaked early and declined steadily as the shallow reservoirs depleted. Over 54 years, the field produced approximately 23 million barrels of cumulative output before the last wells were abandoned in the mid-1970s. The population followed the oil downward: from 2,045 in 1930 to 685 by 1980 to 496 at the 2020 Census.

Ranching at the Scale of a Small Country

With the oil gone, Petroleum County reverted to what it had been before the boom: cattle and sheep country on a scale that is difficult for outsiders to comprehend. The average farm in Petroleum County is 6,045 acres — nearly 10 square miles — and livestock farming accounts for almost 90 percent of farm income. These are not hobby ranches or gentleman operations. They are working cattle and sheep ranches that produce food and fiber on semi-arid prairie that receives 10 to 14 inches of annual precipitation, that endures winters of bone-chilling cold and summers of relentless heat, and that has been gradually depopulating as the economics of agriculture have made it increasingly difficult for small operators to survive.

The absentee ownership issue is central to Petroleum County’s current challenges. As ranching families have aged out or left, their land has increasingly been purchased by out-of-state buyers attracted by trophy elk hunting, intact native prairie, and the speculative appeal of large landholdings in a remote, scenic landscape. These absentee owners typically do not live in Winnett, do not patronize Winnett businesses, and do not send children to Winnett schools. The result is a hollowing-out effect: the land is still there, but the community that once depended on it is shrinking. Land prices now reflect recreational rather than agricultural value, making it harder for young ranchers to acquire the acreage they need to start or expand operations — a dynamic that threatens the very agricultural foundation on which the county was built.

Winnett ACES and the Fight for Survival

Against this backdrop of depopulation and absentee ownership, a remarkable community organization has emerged. Winnett ACES (Agricultural Community Enhancement and Sustainability), founded in 2016 by local ranchers, has undertaken an ambitious program to revitalize Winnett’s Main Street and create the infrastructure needed to sustain the community through its next generation. ACES has relocated and is rehabilitating the historic Odd Fellows Hall, which is planned to house a retail or coffee shop on the first floor and apartments on the second. The organization is working with the Montana Historical Foundation on a feasibility study to rehabilitate the county courthouse, with upper floors planned for teacher housing and commercial space. ACES has established a grass bank for young ranchers — a grazing cooperative where beginning stockmen can combine herds on shared leased ground — and has worked to place locally produced beef in Winnett’s public school.

These efforts are notable not just for their ambition but for their context: a community of 188 people, in the least populous county in Montana, is doing more to address housing, economic development, and agricultural sustainability than many communities several times its size. For landlords, the ACES housing developments represent the only significant new rental inventory likely to emerge in Petroleum County in the foreseeable future. The teacher housing component is particularly relevant — recruiting and retaining teachers for Winnett’s K-12 school has been an ongoing challenge, and available, quality housing is a critical factor in whether teachers accept and remain in positions this remote.

The Rental Market That Barely Exists

Petroleum County does not have a rental market in any conventional sense. The entire county has approximately 300 housing units, of which a significant percentage are vacant, abandoned, or used seasonally by absentee landowners. The number of actual renter-occupied units may be fewer than 50 countywide. There is no property management company. There are no apartment complexes. Rental housing, to the extent it exists, consists of individual houses or units owned by local residents and rented through word of mouth to school employees, county workers, oil field personnel, or ranch hands.

The legal framework that applies to these arrangements is identical to the framework that governs a 200-unit apartment complex in Billings. MCA Title 70, Chapter 24 applies with the same force in Winnett as in any Montana city. Security deposits must be held in separate bank accounts. The 24-hour cleaning notice must be given before deducting cleaning charges. The 3-day nonpayment notice must be properly served before filing a FED action. The temptation to operate informally in a community where everyone knows everyone is enormous — and it is a temptation that landlords should resist, because the legal protections exist for both parties regardless of community size.

War Horse, Dinosaurs, and the Intact Prairie

Petroleum County’s natural assets are quietly extraordinary. Three units of the War Horse National Wildlife Refuge lie within the county, providing habitat for waterfowl and other wildlife on lakes and wetlands when water conditions allow. Yellow Water Reservoir is stocked with trout and provides fishing access. The county’s northern boundary reaches the Missouri River and the Charles M. Russell National Wildlife Refuge, one of the largest wildlife refuges in the lower 48 states. Significant dinosaur fossil discoveries — including a Tyrannosauridae skeleton in the Judith River Formation and an Alamosaurus in the Hell Creek Formation — have been made in the county’s ancient geological formations. An unusual acid shale forest of ponderosa pine on 225 fragile acres in the War Horse unit is a botanical curiosity with no parallel in the surrounding grasslands.

The intact native prairie itself is perhaps the county’s most valuable natural resource, though its value is measured in ecological terms rather than economic ones. Petroleum County sits within the target area of the American Prairie Reserve (now American Prairie), a nonprofit working to create the largest nature reserve in the contiguous United States by purchasing private ranches adjacent to the CMR and federal lands. The APR’s presence has generated intense local opposition from the ranching community, which views the organization as a threat to agricultural livelihoods and culture — a tension visible in the “Save the Cowboy: Stop American Prairie Reserve” signs that line Winnett’s streets. This conflict between conservation and agriculture is a defining political issue in Petroleum County and affects land values, community dynamics, and the long-term trajectory of the local economy in ways that landlords should understand.

Petroleum 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 Petroleum County Justice Court in Winnett. 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 Petroleum 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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