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The Agreement for Lease creates a binding contract to enter into the Lease on a specified date in the future. The Agreement for Lease could be used where, for example, the Landlord and Tenant are negotiating a Lease to start on 1 July.
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.
Is Subletting Illegal? In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. However, if the tenant sublets without written permission, they could come into legal difficulties.
Montana is a landlord friendly state. Even better, with free landlord tools like TurboTenant, you can advertise, rent, and manage your property from your phone, and without having to pay another company to handle it.
A lease agreement, as we know, is a contract between two parties, (a lessee and the lessor here, the lessee being the one who is renting/leasing the property, and the lessor, the owner), wherein, specific conditions are mentioned about renting or leasing the property.
After a lease is created, the lessor cannot reserve to himself any share in the right of possession. The words 'transfer of a right to use the property' indicates that all rights of ownership are not transferred. A lease can be effected from year to year or can be for more than a year.
An assignment is when the tenant transfers their lease interest to a new tenant using a Lease Assignment. The assignee takes the assignor's place in the landlord-tenant relationship, although the assignor may remain liable for damages, missed rent payments, and other lease violations.
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.
ASSIGNMENT AND SUBLEASING. An assignment, subletting, or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement and start the eviction process of all Tenant(s) and occupants.
The process of assignment of a lease is essentially selling the lease to a third party (the assignee). If you are a commercial property tenant, your contract likely contains a clause that allows you to assign your lease to a new tenant. To do this, you will need to find a potential new tenant yourself.