A Montana sublease agreement sets clear terms when a current tenant brings in a new party to take over part or all of a rental unit. This agreement creates a smooth transition between tenants, keeps the subtenant aligned with the original lease terms, and supports legally sound renting for property owners.
Does a tenant need a landlord’s permission to sublease in Montana?
A landlord benefits from addressing subleasing directly in a Montana lease agreement to prevent confusion and maintain clear expectations. Many property owners also rely on a lease agreement builder when drafting future leases to keep sublease rules consistent and easy to enforce.
Tenants do not hold an automatic right to sublease in Montana. Montana Code Annotated Section 70-24-305 requires tenants to obtain written consent from the landlord before subleasing or transferring possession to another party.
Information to Include in a Montana Sublease
Landlords should treat every sublease with the same level of detail and structure as a standard lease to maintain clarity and consistent oversight. The key information landlords should include within a Montana sublease appears below:
Names of landlord and sublessor: Include the full legal names of the landlord and the sublessor so the agreement clearly identifies the parties involved.
Rental unit address: Record the complete address of the rental unit to show the exact location covered by the sublease.
Length of the sublease agreement: List the start and end dates to set a clear occupancy period for the subtenant.
Rent amount: Note the exact rent due and outline the payment schedule the subtenant must follow.
Division of utilities: Specify how the parties divide responsibility for utilities and reference the landlord-tenant utility agreement as a helpful guide.
Security deposit information: Provide the deposit amount and describe the conditions for refunds under Montana security deposit laws.
Maintenance protocols: Explain how the subtenant should request repairs and note who handles routine upkeep and more extensive rental property maintenance.
Property policies: Restate the primary lease rules so the subtenant understands the standards the landlord expects throughout the sublease term.
Early termination terms: Describe the circumstances that allow either party to end the sublease early and outline any fees or notice the landlord requires.
Landlord’s right to entry: Specify when the landlord may enter the rental property and state the amount of notice they will give before each visit.
Renter’s insurance: Clarify whether the subtenant must secure renter’s insurance and outline the coverage levels the landlord requires.
Landlord’s consent to sublease: Confirm that the landlord approved the sublease in writing and include any conditions tied to that approval.
Subtenant’s obligation to comply with the master lease: Clarify that the subtenant must comply with all rules in the master lease so the landlord maintains consistent expectations across all occupants.
Move-in condition checklist: Provide a completed checklist or a move-in condition report to show the unit’s condition at the start of the sublease.
Emergency contact information: List reliable emergency contacts so the subtenant knows whom to contact in urgent situations.
Guest policy: Explain the limits on guest visits to keep occupancy levels and property rules aligned with the primary lease.
Copy of the master lease: Attach the full master lease so the subtenant understands all requirements of the rental arrangement.
Signatures: Include signatures from the landlord, the sublessor, and the subtenant, and allow them to use e-sign tools when needed to complete the agreement.
Additional attachments: Add any extra documents the landlord considers essential, such as relevant notices, addenda, or clarifying forms.
Taxes Implications for Short-Term Subleases
If a sublease meets Montana’s definition of a short-term stay under 30 days, the arrangement may trigger state lodging taxes. Montana charges a 4% Lodging Facility Use Tax and a 4% Lodging Sales Tax on these stays for a combined 8% rate (Lodging Facility Use Tax). Local resort or municipal taxes may also apply, depending on the area.
Landlords should stay familiar with local short-term lodging tax rules since rates and requirements vary across Montana.
