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Montana Sublease Agreement

A Montana sublease agreement creates a sublet arrangement between a sublessor and a sublessee. In such an arrangement, the sublessor maintains their obligations under the master lease while acting as a landlord to the new tenant or sublessee.
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Right to Sublet

According to state law, tenants in Montana must get their landlord’s written permission prior to subleasing a rented property.[1] This means that if the lease does not explicitly give the tenant the right to sublet, they are required to obtain the landlord’s written permission before leasing the premises to a third party.

When a landlord’s permission to sublease is desired or required, a Landlord Consent Form is an effective way to get it in writing.

Short-Term (Lodgings) Tax

Montana state law defines a short-term rental (STR) as a house or residence that is offered for a fee for 30 days or less.[2] The Montana Department of Revenue charges both a sales and use tax on short-term rentals. Individual counties and some cities charge additional taxes and may impose other requirements like permits.

Montana short-term rental taxes:[3]

  • 4% state sales tax
  • 4% state use tax
  • County taxes (varies by county)
  • City taxes (varies by city)