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).
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement; the sublease agreement is tied to and incorporates the original (master) lease. In Montana, if the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A Montana sublease agreement should include the following sections: