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Montana Sublease Agreement Template

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Montana Sublease Agreement Template

Updated March 01, 2024

A Montana sublease agreement provides the legal foundation for a sublet arrangement between a sub-lessor and sub-lessee. Upon entering such an agreement, the sub-lessor must maintain the responsibilities of both the master lease with the property owner and the sublease with the sub-lessee, in which the tenant acts as a landlord to the sub-lessee.

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)

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  1. Montana Code Annotated § 70-24-305
  2. Montana Code Annotated § 15-68-101
  3. Montana Department of Revenue, Lodging Facility Tax Guide