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Yellowstone County Eviction Court — Landlord Filing Guide (2025)

Everything Montana landlords need to file a Forcible Entry and Detainer in Yellowstone County — fees, courthouse info, timeline, and step-by-step process.

$80
Filing fee
2–3 weeks
Hearing wait
3–5 weeks
Total process
In Person
Filing method

🏛️ Yellowstone County Courthouse Information

⚠️ Yellowstone County — What Landlords Should Know

Yellowstone County (Billings) uses Justice Court for FED actions.

Need an Eviction Attorney in Yellowstone County?

Procedural mistakes can get your case dismissed. Get matched with a local Yellowstone County eviction attorney — free consultation.

Step-by-Step: How to File an Eviction in Yellowstone County

1

Serve the Required Notice

Before filing, you must serve a written notice. For non-payment of rent, a 3-day Pay or Quit notice is required. For lease violations, serve a 14-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per Montana law.

2

File Your Forcible Entry and Detainer at Yellowstone County Courthouse

After the notice period expires without compliance, file your eviction complaint at the Yellowstone County Courthouse (217 N. 27th St., Billings, MT 59101). The filing fee is $80. Bring: your lease agreement, the notice, and proof of service.

3

Serve the Summons on the Tenant

After filing, the court issues a summons. In Yellowstone County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $30. You must NOT serve the summons yourself — improper service can get your case dismissed.

4

Attend the Court Hearing

Hearings in Yellowstone County are typically scheduled 2–3 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.

5

Obtain and Enforce the Writ of Possession

After a judgment in your favor, request a Writ of Possession from the clerk. The Montana Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in Montana.

Yellowstone County Eviction Filing Cost Breakdown

Cost Amount Notes
Court Filing Fee $80 Paid to Yellowstone County Clerk of Court
Summons Service $30 Sheriff or process server fee
Writ of Possession ~$26–$30 Sheriff enforcement after judgment
Attorney (optional) $400–$1500 Recommended for contested cases

Frequently Asked Questions — Yellowstone County Evictions

How long does an eviction take in Yellowstone County?

The typical Yellowstone County eviction takes 3–5 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Yellowstone County is generally considered a landlord-friendly jurisdiction.

How much does it cost to file an eviction in Yellowstone County?

The court filing fee in Yellowstone County is $80. Additional costs typically include: process service or sheriff fee ($30), Writ of Possession enforcement (~$26–$30), and attorney fees if represented ($400–$1500). Total out-of-pocket without an attorney is typically $136–$140.

What court handles evictions in Yellowstone County?

Evictions in Yellowstone County are filed at the Yellowstone County Courthouse, located at 217 N. 27th St., Billings, MT 59101. The case type is filed as a Forcible Entry and Detainer.

Can I file an eviction online in Yellowstone County?

Yellowstone County does not currently offer online filing for eviction cases. You must file in person at the Yellowstone County Courthouse.

Do I need a lawyer to evict a tenant in Yellowstone County?

Montana law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.

What happens if the tenant doesn't leave after the eviction judgment in Yellowstone County?

After a judgment in your favor, request a Writ of Possession from the court. The Yellowstone County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in Montana.

See full Montana eviction laws and notice requirements.

Montana Eviction Guide for Landlords →

Download the eviction notice you must serve before filing in Montana.

Montana Eviction Notice Templates →

Is your tenant facing eviction in Yellowstone County? See their rights.

Tenant Rights in Yellowstone County →

Relevant Montana Statutes