Montana Sublease Agreement for Apartment
Description
How to fill out Sublease Agreement For Apartment?
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FAQ
In most cases, subletting isn't allowed or may be allowed subject to the landlord's consent. You cannot lawfully sublet all of your home. If you do, you lose your status as an introductory tenant and your landlord can evict you.
Lease A lease may not be terminated early unless the tenant has violated the rental agreement or the requirements of the Montana Residential Landlord and Tenant Act. Month-to-Month Agreement A landlord may generally terminate a month-to-month rental agreement by providing 30 days' notice to the tenant.
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.
Landlord in breach of tenancy agreementIf the landlord breaches your tenancy agreement and the breach is serious enough, you may be able to terminate the tenancy agreement. There are two ways to terminate a tenancy agreement on a serious breach by your 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.
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.
Subletting responsibilities Tenants who sublet are known as 'mesne tenants' and act as the landlord to the subtenant. Mesne tenants need to perform right to rent checks on the subtenant, organise the rent collection and any repairs they might reasonably request.
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.
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.