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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.
A tenant may not sublet the property unless the landlord agrees. (Montana Code Annotated 70-24-305). Remember, subletting your rental puts you in the position of landlord to the sublettor. You will then have the same obligations and restrictions to the sublettor as the landlord has to you.
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.
Commercial leases are legally binding contracts between landlords and commercial tenants. They give tenants the right to use the premises in a particular way for a set period for an agreed rent. Your lease will establish your rights and responsibilities as a tenant, as well as those of your landlord.
A sublease occurs when the original owner does not lease the premises to you, but there is another person or entity in between you and the landlord. That is, the property owner rents to someone else, and then that person rents to you. Subleases are common in both commercial and residential properties.
Leasing is done for a fixed period mostly for the medium to long term. On the other hand, renting is done for a short period, emphasizing every month. In leasing contracts, the terms and conditions are predetermined, and the contracts are made by taking mutual acceptance.
By accepting rent without a written lease, after a year, a tenant will be entitled to security of tenure and compensation if the landlord recovers possession.
Typically, you must obtain written consent from your landlord before you can sublet a property. In most cases, a landlord will state in the master lease that subletting is either not permitted or is allowed with consent of the landlord.
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.
Sublet Cons for LandlordsInconsistent screening procedures. If you don't require that all subtenants must be screened by the landlord, you'll have no idea about the caliber of tenant subleasing your property.Subtenant may not be reliable.Property damage.Lease violations or eviction.