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Phillips County Montana
Phillips County · Montana

Phillips County Landlord-Tenant Law

Montana landlord guide — Malta, Saco, Dodson, Zortman & MCA Title 70, Chapter 24

🏛️ County Seat: Malta
👥 Population: ~4,200
🏔️ State: MT

Landlord-Tenant Law in Phillips County, Montana

Phillips County is one of Montana’s largest and most sparsely populated counties — 5,208 square miles of Hi-Line prairie, badlands, the Little Rocky Mountains, and the sprawling Missouri River Breaks, stretching from the Canadian border in the north to the Missouri River and the Charles M. Russell National Wildlife Refuge in the south. With a population of approximately 4,200 and less than one person per square mile, Phillips County is a vast, remote ranching and farming territory where the Great Northern Railway’s Hi-Line corridor provides the only significant infrastructure axis and where the nearest urban centers — Great Falls and Billings — are each more than 200 miles away.

The county seat of Malta (~1,850 people) sits at the intersection of U.S. Highways 2 and 191 and serves as the commercial, healthcare, and educational hub for the county. Named for rancher and state senator Benjamin D. Phillips, the county was established in 1915 from parts of Blaine and Valley counties. Malta, Saco, Dodson, Whitewater, and the Little Rocky Mountains communities of Zortman and Landusky round out the settlement geography. A portion of the Fort Belknap Indian Reservation extends into western Phillips County. The economy centers on cattle ranching, dryland wheat and barley farming, and natural resource extraction, supplemented by recreation on the Bowdoin National Wildlife Refuge, Nelson Reservoir, and the CMR. All residential tenancies are governed by MCA Title 70, Chapter 24. FED actions are filed at Phillips County Justice Court in Malta. No local ordinances layer beyond state law. Montana has no statewide rent control.

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📊 Phillips County Quick Stats

County Seat Malta
Population ~4,200
Largest City Malta (~1,850)
Median Rent ~$500–$850
Major Economy Cattle ranching, dryland wheat & barley, Phillips County Hospital, Little Rocky gold mining history, BNSF/Amtrak
Rent Control None (no state or local)
Landlord Rating 5/10 — Remote Hi-Line market, agriculture-dependent, modest recreation assets, thin rental inventory

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

Phillips County Local Ordinances

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

Category Details
Rental Registration No Phillips County municipality operates a mandatory rental registration program. Malta, Saco, and Dodson each maintain basic municipal governments but none have enacted rental licensing or inspection requirements. The county’s housing stock is limited and concentrated in Malta, with approximately 76 percent homeownership countywide. Rental units in Malta are modest in number and in Saco and Dodson extremely few.
No Local Ordinances Phillips 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 Phillips County municipality has enacted rent stabilization. Malta rents are modest, reflecting the agricultural income base and the county’s extreme remoteness from urban employment centers. The nearest cities of meaningful size are Havre (90 miles west) and Glasgow (75 miles east) — both themselves small communities.
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 Phillips County. At Malta market rents, deposits typically run $500–$1,000. The procedural requirements apply regardless of community size.
Fort Belknap Reservation A portion of the Fort Belknap Indian Reservation, home to the Assiniboine (Nakoda) and Gros Ventre (Aaniiih) tribes, extends into western Phillips County. Properties on reservation trust land are subject to tribal law and federal Indian law rather than Montana state landlord-tenant statutes. Landlords with properties on or adjacent to the reservation should consult a licensed attorney familiar with tribal jurisdiction to determine which legal framework governs the tenancy. Properties on fee-simple (non-trust) land within reservation boundaries may be subject to state law, but jurisdictional questions can be complex.
Landlord Entry MCA § 70-24-312 requires 24 hours’ advance written notice before non-emergency entry. Phillips County’s vast geography and limited cell service make documented notice delivery essential for rural properties.

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

🏛️ Courthouse Information

Where landlords file FED actions in Phillips County

🏛️ Courthouse Information and Locations for Montana

💸 Eviction Cost Snapshot

Typical fees for a Phillips 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 Phillips 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 Phillips County

Towns and places within this county

📍 Phillips County at a Glance

5,208 sq mi Hi-Line county — one of Montana’s largest. Named for rancher/senator Benjamin D. Phillips. Malta named by a spin of the globe (Great Northern Railway, 1887). Kid Curry/Wild Bunch train robbery near Malta (1901). ~1.6M acres public land, ~1.6M acres private. Little Rocky Mountains: historic gold mining (Zortman, Landusky). Bowdoin NWR, Nelson Reservoir, Sleeping Buffalo Hot Springs. CMR Wildlife Refuge at southern border. Fort Belknap Reservation (partial). Amtrak Empire Builder stops in Malta. Population peaked at 9,316 in 1920. Deposit: 10-day clean / 30-day itemized; separate account; 24-hr cleaning notice. FED at Phillips County Justice Court. No rent control.

Phillips County

Screen Before You Sign

Ranchers and agricultural workers: verify operation, position type, and year-round vs. seasonal status. Phillips County Hospital employees: the most stable non-agricultural employment tier — verify position and full-time status. Malta School district staff: verify contract type. County and federal agency employees (BLM, FWS): verify position and duration. BNSF railroad workers: verify employment. For properties near or on the Fort Belknap Reservation: verify jurisdictional status before leasing. American Prairie employees and contractors: an emerging tenant category — verify employer and position duration. Pull Phillips County Justice Court records for all applicants.

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A Spin of the Globe, a Train Robbery, and 5,208 Square Miles of Prairie: Landlording in Phillips County

Malta got its name because a Great Northern Railway official spun a globe and his finger landed on the island of Malta in the Mediterranean Sea. That was in 1887, when James Hill’s railroad was building across Montana’s Hi-Line and needed names for the sidings it established at regular intervals along the route. Saco and Dodson, Phillips County’s other Hi-Line communities, grew from neighboring sidings. A post office was established in Malta in 1890, and by the turn of the century the town had attracted enough ranchers, homesteaders, and frontier characters to achieve a certain notoriety: on July 3, 1901, Kid Curry (Harvey Logan), riding with Butch Cassidy’s Wild Bunch, robbed a Great Northern train just west of Malta near Wagner, making off with approximately $40,000 in unsigned bank notes — one of the last great train robberies of the American West.

That combination of railroad pragmatism and outlaw romance captures something essential about Phillips County’s character. This is a place that was settled by the railroad, populated by homesteaders who were drawn by the promise of free land under the Homestead Act, and then largely depopulated when the 160-acre and 320-acre claims proved too small to sustain a family on semi-arid prairie that receives 10 to 14 inches of rain per year. The county’s population peaked at 9,316 in 1920 and has declined in nearly every decade since, reaching 4,217 at the 2020 Census. The homesteads that failed were consolidated into the large ranching operations that define the county today — the average farm in Phillips County is 3,613 acres — and the communities that survived did so because they were on the railroad or served as county seats or school district centers.

Malta: The Hi-Line Hub

Malta is the commercial center for a territory that extends well beyond Phillips County’s boundaries. Its position at the intersection of U.S. Highways 2 and 191 — with US-191 running north to the Canadian border at the Port of Morgan and south toward Billings — makes it a crossroads for agricultural commerce, Canadian border traffic, and travelers on the Hi-Line corridor. The BNSF Railway runs through town, and Amtrak’s Empire Builder stops daily in Malta, providing passenger rail service on the Chicago-to-Seattle/Portland route. The Phillips County Carnegie Library, a National Register of Historic Places building, anchors the town’s Main Street.

Malta’s institutional employers provide the stable, non-agricultural employment that sustains the town’s rental market. The Phillips County Hospital delivers healthcare services to a vast geographic area. Malta Public Schools serve K-12 students from across the county. County government offices, the local USDA service center, and the BLM and Fish and Wildlife Service offices that manage the enormous federal landholdings in the county add federal and state employment tiers. These institutional workers represent the most reliable tenant pool in Phillips County, and landlords who maintain habitable rental properties in Malta will generally find steady demand from this population.

The Public Lands Landscape

Phillips County is divided almost exactly in half between public and private land — approximately 1.6 million acres of each. This extraordinary scale of federal and state landholding shapes the county’s economy, its politics, and its rental market in ways that are unique even among Montana’s public-land-heavy counties. The Charles M. Russell National Wildlife Refuge occupies the county’s southern tier along the Missouri River. The BLM manages extensive grazing lands. The Bowdoin National Wildlife Refuge, a premier birdwatching destination, lies just east of Malta. The Upper Missouri River Breaks National Monument abuts the county’s southwestern edge. And the American Prairie (formerly American Prairie Reserve) has been purchasing private ranches in Phillips County to add to its vision of a contiguous nature reserve spanning millions of acres around the CMR — a project that has generated fierce opposition from the local ranching community and that affects land values, community dynamics, and the long-term economic trajectory of the county.

For landlords, the public lands landscape has several practical implications. Federal land management jobs (BLM, FWS) provide stable employment and create demand for rental housing from federal employees and seasonal workers. Grazing permits on federal land are critical to the economic viability of many ranching operations, and changes in grazing policy can affect ranch incomes and, by extension, the agricultural tenant base. American Prairie’s land acquisitions have reduced the number of active ranches in some areas, which reduces the rural population and the demand for ranch worker housing. And the recreational use of public lands — hunting, fishing, wildlife viewing, boating on the Missouri — creates a modest but real seasonal demand for visitor housing that landlords with furnished properties can potentially serve.

The Little Rockies and Zortman-Landusky

The Little Rocky Mountains, an isolated mountain range rising from the plains in southwestern Phillips County, have a mining history that adds a distinctive chapter to the county’s story. Gold was discovered in the Little Rockies in the 1880s, and the mining communities of Zortman and Landusky grew up to serve the operations. Pike Landusky himself — the mountain man and prospector for whom the town was named — was killed in a saloon fight by Kid Curry in 1894, adding another chapter to the outlaw lore that permeates Phillips County history. Modern gold mining at Zortman-Landusky operated as a large-scale open-pit cyanide heap-leach operation until 1996, when the mine was closed and the site entered a long-term reclamation process that continues today. The mine left acid mine drainage issues that the state of Montana continues to manage.

Zortman and Landusky today are tiny communities with minimal rental inventory, but the mining history affects property considerations in the Little Rockies area. Properties near the mine site may have environmental concerns related to acid drainage and reclamation activities. Landlords considering properties in the Little Rockies should conduct thorough environmental due diligence.

Phillips 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. Properties on Fort Belknap Reservation trust land are subject to tribal/federal law, not Montana state law — consult an attorney familiar with tribal jurisdiction. Federal lead paint disclosure required for pre-1978 properties. FED action filed at Phillips County Justice Court in Malta. 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 Phillips 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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