Montana Sublease Agreement

The Montana sublease agreement is a binding legal contract that allows a tenant (“sublessor”) to rent (“sublet”) all (or a portion) of a rental property to a new tenant (“sublessee”). The new tenant makes regular payments that may or may not be equivalent to the rent on the initial tenant’s lease.

In college towns like Missoula, there are periods of the year when the vast majority of students and faculty are away. In situations like this, those students that have off-campus housing may still have to pay rent for the winter and summer sessions. In cases like this, many students opt to avoid rent for periods when they aren’t using their units by entering into a sublease agreement with a third party. A sublease agreement effectively allows for the tenant to become a temporary landlord, and the new renter becomes the sublessee. Despite this, since the original tenant is the one on the lease, he or she will be responsible for making sure that the sub-lessee stays in line with the rules of the lease, which is why careful screening should be done when trying to find a sublessee.

Subletting Laws in Montana

If a tenant is going to sublet, then state law explicitly requires the renter to seek out the authorization of the landlord before beginning the process. Additionally, tenants should check the rules of their lease. If the lease sates that subleasing is forbidden, then state law sides with the landlord. It’s important to remember that any unauthorized renter in Montana can be considered a trespasser by the landlord, and there can be steep financial repercussions for a renter that attempts this. 

Before the process begins, tenants will need to send a letter to the landlord or management company stating the intent. This letter should be sent by first-class or certified letter to confirm receipt. The tenant should also be sure to obtain a copy of the document as well. In the letter, the reason for the sublease, the term of the sublease, the name of the sublessee, and the permanent address of this sublessee should be provided. A copy of the sublease agreement should also be furnished as well as a forwarding address for the original tenant.

What to Include in a Montana Sublease Agreement

  • The name of the sublessor and the sublessee should appear first. It’s a good idea to include the addresses of each party after their name as well.
  • The address of the leased unit, as well as any identifying factors, should be provided on the second line.
  • The term of the lease should be the third thing to appear on the document.
  • The value of the rent that’s payable each month should appear next. Information on how to pay rent will need to be included as well. 
  • A list of utilities associated with the lease will also need to be added. 
  • The security deposit info should appear next. This will tell the sublessee how much he or she owes as well as the policy of return for the security deposit once the sublease ends.
  • The terms will also need to be stated. In most cases, these are the terms of the original lease provided so that the sublessee knows what’s allowable on the premises.
  • Since Montana requires landlord consent, his or her signature should appear next.
  • Finally, there will need to be spaces for the signature of both parties, the printed name of both parties, and the date. This certifies consent.