The Montana sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Montana?
A tenant does need a landlord’s explicit written permission to sublet in Montana. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having filed for bankruptcy or poor credit history.
Standardized Montana Sublease Agreements
A standard form can be used in Montana to create a sublease. Here’s what is generally included in a Montana sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Rental Unit Location – The address for the rental unit as described in the original lease.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Term – State the exact date of the sublease beginning and ending date.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages that impact the landlord as stated in the original lease agreement.
- Authorized Occupants – This identifies the new tenant(s) and those authorized to live in the rental unit including any policy about short-term guests.
- Security Deposit – The security deposit is held by the Sublessor (not the landlord). There is no limit on how much a landlord can collect for a security deposit in Montana.
- Return of Security Deposit – Montana landlords have 10 days to return a security deposit if there are no deductions. If deductions are to be made, the landlord must return the unused portion of the security deposit, if any, within 30 days.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Utilities – The utilities to be paid by the Sublessee and those that are to be paid by the Sublessor.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- Smoking Policy – Florida law permits the designation of a property as a non-smoking area. If smoking is restricted in the rental unit, any designated smoking areas are identified in the sublease.
- Parking Policy – List designated areas where subtenants and their guests may park and include information about any parking fees.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease in Montana
In Montana, a sublessor may be subject to a 4% Lodging Facility Use Tax and a 4% Lodging Sales Tax if they sublet a property for 30 days or less.