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Wibaux County Montana
Wibaux County · Montana

Wibaux County Landlord-Tenant Law

Montana landlord guide — Wibaux, I-94 gateway & MCA Title 70, Chapter 24

🏛️ County Seat: Wibaux
👥 Population: ~910
🏔️ State: MT

Landlord-Tenant Law in Wibaux County, Montana

Wibaux County is Montana’s third-smallest county by population — approximately 910 people in 889 square miles of cattle range and dryland prairie along the North Dakota border. The county seat and sole incorporated town of Wibaux, population roughly 450, sits on Interstate 94 at the last Montana exit before the North Dakota line, a geographic position that makes it both a gateway and a way station. Named for Pierre Wibaux, a French-born cattle baron who built one of the largest ranching operations in late 19th-century Montana, the county retains its ranching identity even as the open-range era that created it has long since passed.

Landlord-tenant relationships in Wibaux County 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. Evictions proceed as Forcible Entry and Detainer (FED) actions, filed at Wibaux County Justice Court. Montana has no statewide rent control and no statewide prohibition on local rent control, and no Wibaux County municipality has enacted any rental regulation beyond state law.

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📊 Wibaux County Quick Stats

County Seat Wibaux
Population ~5,100
Largest City Wibaux (~450)
Median Rent ~$450–$700
Major Economy Agriculture (cattle ranching), I-94 corridor services, oil exploration, government
Rent Control None (no state or local)
Landlord Rating 3/10 — Montana’s third-smallest county, minimal rental market, I-94 pass-through economy

⚖️ 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 Wibaux County Justice Court
Process Name Forcible Entry and Detainer (FED)
Deposit Return 10 days (clean) / 30 days (itemized deductions)

Wibaux County Local Ordinances

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

Category Details
Rental Registration No Wibaux County municipality operates a mandatory rental registration program. Wibaux is the county’s sole incorporated town. The housing stock consists of older single-family homes, many dating to the early ranching and railroad era. Rural properties rely on wells and septic systems. The I-94 interchange provides highway accessibility that many Montana towns of comparable size lack.
Rent Control Montana has no statewide rent control and no statewide prohibition on local rent control. Wibaux has not enacted any rent stabilization. In a county of 910 people, the rental market consists of individual arrangements between the handful of property owners and a very small tenant pool. Rents reflect the extremely modest incomes of the county’s agricultural and government workforce.
Security Deposit — Montana’s Split-Deadline Rule Montana’s security deposit return framework applies in full: if there are no deductions, the landlord must return the full deposit within 10 days of move-out. If there are deductions, the landlord has 30 days to provide an itemized statement and return the balance. The 24-hour written cleaning notice requirement (MCA § 70-25-201(3)) applies before any cleaning deductions can be assessed.
Separate Deposit Account Montana law requires security deposits to be held in a separate bank account, and the landlord must provide the tenant with the name and address of the bank. This applies to all landlords in Wibaux County regardless of portfolio size.
Landlord Entry MCA § 70-24-312 explicitly requires 24 hours’ advance written notice before entering a rental unit for non-emergency purposes, and entry must be at reasonable times. Emergency entry without notice is permitted.
I-94 Border Gateway & Bakken Proximity Wibaux sits at Montana’s eastern gateway on I-94, approximately 30 miles west of the North Dakota border and roughly 60 miles from Glendive. The proximity to western North Dakota’s Bakken oil activity has periodically generated pass-through traffic, fuel and service demand, and occasional housing interest from workers who prefer Montana’s quieter atmosphere to the busier Williston basin. Oil exploration in Wibaux County itself has been limited but periodic.

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

🏛️ Courthouse Information

Where landlords file FED actions in Wibaux County

🏛️ Courthouse Information and Locations for Montana

💸 Eviction Cost Snapshot

Typical fees for a Wibaux 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 Wibaux 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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🏙️ Cities in Wibaux County

Major communities within this county

📍 Wibaux County at a Glance

Montana’s third-smallest county on the North Dakota border. I-94 eastern gateway. Cattle ranching and highway services drive the economy. Named for French cattle baron Pierre Wibaux. Deposit: no cap; 10-day clean return / 30-day itemized return; separate account required; 24-hour cleaning notice before deducting. 24-hour entry notice (MCA statute). FED at Wibaux County Justice Court. No rent control.

Wibaux County

Screen Before You Sign

BNSF railroad employees are your most stable applicants with union wages and benefits. U.S. Customs and Border Protection officers bring federal income reliability. School district and county workers provide government stability. Oil-field workers carry commodity-cycle risk — verify base pay vs. overtime. Agricultural tenants have seasonal income patterns. Pull Wibaux County Justice Court records for all applicants.

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The Cattle Baron’s County: Landlording at Montana’s Eastern Gate

Pierre Wibaux arrived in Montana Territory from France in 1883, a young man with capital, ambition, and the conviction that the grasslands of eastern Montana could sustain a cattle empire. He was right, for a time. By the late 1880s, Wibaux had assembled one of the largest cattle herds in the region, weathered the devastating winter of 1886-87 that bankrupted many of his contemporaries by buying distressed stock at pennies on the dollar, and established himself as a figure of sufficient prominence that the town and county that bear his name were christened in his honor. A bronze statue of Pierre Wibaux still stands in the town, gazing across the prairie that made his fortune and that now sustains a community of roughly 450 people through the same basic enterprise — cattle ranching — that he practiced a century and a half ago.

Wibaux County was established in 1914, carved from portions of Dawson and Fallon counties, and its population peaked in the homestead era before beginning the long, slow decline that characterizes most of Montana’s eastern plains counties. Today, with approximately 910 residents, it is the state’s third-smallest county by population, ahead of only Petroleum County and Treasure County. The town of Wibaux is the sole incorporated community, and its economic base consists of three elements: cattle ranching on the surrounding grasslands, I-94 highway services for travelers passing between Montana and North Dakota, and the county government and school system that provide the institutional employment every community requires.

The I-94 Gateway Economy

Wibaux’s position at Montana’s eastern I-94 interchange gives it a commercial function that its population size would not otherwise support. Westbound travelers crossing from North Dakota into Montana encounter Wibaux as their first Montana town — a stopping point for fuel, food, and rest after the long empty stretch of western North Dakota interstate. Eastbound travelers heading toward Williston, Dickinson, or Bismarck make Wibaux their last Montana stop. This pass-through traffic supports a handful of gas stations, restaurants, and lodging establishments that constitute a service economy layered on top of the agricultural base.

The I-94 service economy generates some employment — gas station attendants, motel clerks, restaurant workers — that contributes to rental housing demand, though the wages are modest and the employment is subject to seasonal and economic fluctuations in highway traffic volume. During periods of active Bakken oil development in western North Dakota, the I-94 corridor between Glendive and the state line experienced elevated traffic that boosted Wibaux’s service businesses. When oil activity declined, the traffic moderated and the service economy contracted accordingly.

Cattle Ranching: The Enduring Base

Cattle ranching remains Wibaux County’s fundamental economic activity, as it has been since Pierre Wibaux’s era. The grasslands that cover the county’s 889 square miles support cow-calf operations that produce calves sold into regional feeder markets. Ranch operations are family-based, with minimal hired labor, and the consolidation trend that has reduced ranch numbers while increasing average acreage continues here as it does throughout eastern Montana. The practical implication for the rental market is that ranching generates very little direct housing demand beyond what ranch families provide for themselves.

The Beaver Creek drainage that runs through the county provides some irrigated bottomland for hay production that feeds the cattle operations, but the scale is modest. Dryland grain farming supplements the ranching economy on the benchlands, with winter wheat as the primary crop. Farm and ranch income is seasonal and commodity-dependent, with the cash-flow patterns characteristic of Montana’s dryland agricultural counties.

Oil Exploration and the Bakken Fringe

Wibaux County sits at the western fringe of the geological structures that produce oil in the Williston basin, and periodic exploration activity has brought drilling crews and leasing interest to the county. The activity has never approached the scale that transformed Richland County or the North Dakota Bakken communities, but it adds a cyclical variable to an otherwise stable agricultural economy. When oil exploration is active, a drilling crew may need housing in Wibaux for weeks or months; when the crew moves on, the housing demand disappears. For landlords, oil exploration is best treated as episodic upside rather than a sustainable demand driver.

The Pierre Wibaux Museum and Heritage

The Pierre Wibaux Museum, housed in a historic stone building near downtown, preserves artifacts from the cattle baron’s era and the county’s homestead and railroad history. St. Peter’s Catholic Church, built by Pierre Wibaux in 1885 and one of eastern Montana’s oldest surviving churches, draws occasional visitors interested in the region’s French ranching heritage. These cultural assets generate modest summer tourism that supplements the I-94 service economy without fundamentally altering the county’s economic character.

Montana’s Statutory Framework at the Border

Montana’s full landlord-tenant statutory framework applies in Wibaux County with the same force as in every other county in the state. The 3-day nonpayment notice, 14-day minor lease violation notice, 30-day no-cause termination for month-to-month tenancies, and the complete deposit rules — 10-day clean return, 30-day itemized return, separate bank account, 24-hour cleaning notice before deducting — all apply regardless of county size or population. The FED process would be filed at Wibaux County Justice Court.

The proximity to North Dakota raises an occasional practical question: does Montana law apply to a Wibaux County rental property if the tenant works in North Dakota? The answer is yes. Montana’s landlord-tenant statutes apply based on the location of the property, not the location of the tenant’s employment. A Wibaux County rental property is governed by MCA Title 70, Chapter 24, regardless of whether the tenant commutes across the border for work.

The Honest Investment Assessment

Wibaux County is, along with Petroleum and Treasure counties, one of Montana’s smallest rental markets in absolute terms. The total number of rental transactions in a given year can probably be counted on one hand, and the tenant pool consists almost entirely of county employees, school staff, highway maintenance workers, and the occasional I-94 service worker. Acquisition costs are among the lowest in the state — property in Wibaux can be acquired for amounts that seem almost notional by western Montana standards.

For an investor seeking to deploy capital in a growing market with rent appreciation potential and liquidity, Wibaux County is not the answer. For a property owner — perhaps someone with family connections to the community or an agricultural operation in the area — who maintains a rental property as an adjunct to other activities, the economics can work in a straightforward, unexciting way: a stable institutional tenant paying modest rent on a property with minimal carrying costs, operating within Montana’s statutory framework and generating a small but reliable return.

Pierre Wibaux built his fortune by understanding what the eastern Montana grasslands could produce and by having the patience to wait for the right conditions. The rental market in the county that bears his name demands a similar understanding: know what the market can realistically deliver, set expectations accordingly, follow the law, maintain the property, and accept that in Montana’s smallest communities, the rewards of landlording are measured in stability and service rather than in growth and margin.

Wibaux 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 (unauthorized pets/people, property damage): 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. Domestic violence tenants may terminate with 30 days’ notice and documentation (MCA § 70-24-427). Retaliatory eviction presumed within 60 days of good-faith complaint (MCA § 70-24-431). FED action filed at Wibaux County Justice Court. Federal lead paint disclosure required for pre-1978 properties. 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 Wibaux 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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