A Montana Sublease Agreement is an agreement that allows the current tenant of a property to rent out all or part of the property they are leasing to another party. In this agreement, the original tenant is known as the sublessor, and the new renter as the sublessee. This is typically used when the sublessor wishes to vacate the property early or wants to acquire a roommate after the lease has been signed.
Montana has no laws specifically governing subleasing, so the rules for subletting will be contained in the original lease. Unless the lease specifically allows subletting, the sublessor will need to obtain the landlord’s written permission (and even if it does, it may be prudent to gain the landlord’s permission).
Regardless of the terms of the Sublease Agreement, the sublessor will still be responsible for ensuring the original lease’s terms are upheld. If the sublessee violates the original lease in any way, the sublessor may face eviction alongside them, or at least be responsible for evicting them. As such it is advisable to be careful who a tenant subleases to, and they may want the sublessee to complete the Rental Application Form.
As Montana has no laws governing subletting, a sublease will be governed by the same laws as a normal lease, which in Montana can be found in the Montana State Code, Title 70.