A Montana sublease agreement lets a property’s tenant rent out the property to a new tenant (or “subtenant”). In this agreement, the original tenant becomes the sublessor and the new tenant becomes the subtenant.
A Montana sublease agreement requires the written permission of the original landlord to come into effect. It also holds both the original tenant and the subtenant to the terms of the original lease agreement. If something is damaged or the subtenant fails to pay rent on time, the original tenant is liable.
To save time and ensure everything is filled out correctly, we recommend using our free Montana sublease agreement builder or reading our steps on how to write a Montana sublease agreement below.
How to Write a Montana Sublease Agreement
- Download a fillable PDF sublease agreement template — There’s no reason to write your Montana sublease agreement completely on your own
- Select your property type — In Montana, common property types are houses, apartments, rooms, townhouses, cabins, and condos.
- Name everyone involved in the sublease agreement — Write the sublessor’s name and address in the first section. Then write the name and address of the subtenant in the second section. The landlord’s name should also be included.
- Enter the start and end dates of the sublease — Add the number of days’ notice required to end the agreement as well. If the sublease is week-to-week or month-to-month, make it clear when the original lease ends and that the sublease cannot go past that date.
- State who is responsible for the utilities — If any utilities are included in the lease or the original lease, note these here. If the subtenant is responsible for paying for some/all of the utilities, make it clear in this section.
- Add information about the security deposit — If the sublessor wants the subtenant to pay a security deposit, write the total deposit out as a number and in writing (so “$600 six hundred dollars”, for instance).
- Add additional information — If there are any other agreements tied to the lease, these should be noted in the final section. Also attach a copy of the original lease for the subtenant’s reference, since they are bound to the same rules and restrictions included in it.
- Sign the lease — The sublessor, subtenant, and original landlord all must sign the document in the presence of a witness. Record the signatures and the witness’s information. The landlord’s signature acts as their consent to the sublease.
Montana Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Montana. Once you’ve filled out a Montana sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Montana laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Montana Landlord-Tenant Laws: Title 70, Chapter 24 of the Montana Code Annotated (Residential Landlord and Tenant Act of 1977)
In Montana, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Montana Sublease FAQs
Is it legal to sublet property in Montana?
Yes, it’s legal to sublet property in Montana, unless the landlord specifically forbids it.
Can a tenant sublet without a landlord’s permission in Montana?
No, under Montana state law, you must have written consent from the landlord to enter into a sublease agreement. This must be shown with written certification of the permission, such as a written and signed letter sent by certified mail.
Who is responsible for rent being paid under a Montana sublease agreement?
The original tenant is responsible for rent being paid, even if they’ve signed on a subtenant to also live at the property. If the subtenant doesn’t pay rent on time, the original tenant must cover the difference and make sure the subtenant is more timely in the future.