Montana Sublease of Residential Property
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How to fill out Sublease Of Residential Property?
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FAQ
Yes, provided he is not restricted to do so by the Contract of Lease. The law says: When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor.
A tenant may not sublet the property unless the landlord agrees. (Montana Code Annotated 70-24-305).
Certain tenants living in social housing may be committing a criminal offence if they sublet their home without their landlord's permission or by going against what it says in their tenancy agreement.
Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
If your lease agreement prohibits subleasing, then your tenant has violated the terms of the lease. Notify your tenant, in writing, of the breach. This notice should state what you plan to do if the situation is not rectified, and give them a specific period of time, such as 30 days, to fix the problem.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
Your landlord may take legal action against you if you sublet your home unlawfully. Unlawful subletting includes if you: need your landlord's permission before subletting all or part of your home but don't get it. aren't allowed to sublet all or part of your home but you do so anyway.
In some states, landlords are legally required to allow subletting unless there is a good reason to deny a tenant's request to sublet. On top of this, it is invariably harder to resolve issues surrounding subletting if there is no legally binding clause in the lease.
(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.
Subletting all of your home is only possible if your tenancy is still within the contractual period. However, you should get your landlord's consent. This is because it is possible for your landlord to apply to court to evict you if you sublet the whole property without their consent.