A Montana sublease agreement is a legal document that allows a tenant to rent his or her apartment to another tenant. These agreements work for those who may need to leave town for an extended period of time, or for those who have found permanent housing and needs to move out. Subleasing, also known as subletting, is a much cheaper option than breaking a lease. Breaking a lease can be costly, causing the tenant to lose his or her security deposit, and pay penalties while subleasing avoids all of this, still fulfilling the tenant's obligations to complete the lease term. Although the incoming tenant, known as the Sublessee, will live in the rental and pay rent just as the original tenant would, the sublessor will remain responsible for the rent being paid on time and any damage that occurs to the property. This is because a sublease agreement is an agreement between two tenants, not the landlord.
Montana Tenant/Landlord Laws specify that in order for a tenant to legally sublet a rental, he or she must have landlord approval. In addition to landlord approval, the tenant must have written certification of the landlord’s permission (which can be as simple as a written and signed letter).