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Montana Sublease Agreement

This Sublease Agreement ("Sublease") is made on [[Sublease Execution Date]] by and between:

Sublessor: [[Sublessor Full Legal Name]], residing at [[Sublessor Current Address]] ("Sublessor"); and

Sublessee: [[Sublessee Full Legal Name(s)]], currently residing at [[Sublessee Current Address]] ("Sublessee").

Landlord: [[Landlord Full Legal Name or Entity]] ("Landlord"), the lessor under the Master Lease described below.

RECITALS

WHEREAS, Sublessor is the tenant under that certain Residential Lease Agreement dated [[Master Lease Date]] (the "Master Lease") between Landlord and Sublessor for the residential premises located at [[Property Full Address, City, Montana, ZIP Code]] (the "Premises");

WHEREAS, Sublessor wishes to sublet the Premises to Sublessee for a portion of the Master Lease term, and Sublessee wishes to sublet the Premises from Sublessor, subject to all terms of the Master Lease and this Sublease;

WHEREAS, under Montana Code Ann. § 70-24-305, a tenant may not sublet the dwelling unit without the prior written consent of the landlord;

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the parties agree as follows:, -

ARTICLE I, PARTIES, PREMISES, AND MASTER LEASE REFERENCE

1. Identification of Parties

Sublessor is the tenant of record under the Master Lease and remains fully obligated to Landlord. Sublessee is the person(s) who will occupy the Premises under this Sublease. If Sublessee consists of more than one person, all obligations are joint and several.

2. Premises

Sublessor subleases to Sublessee the Premises at [[Property Full Address, City, Montana, ZIP Code]], including any assigned parking, storage, or other appurtenances listed here: [[List Parking, Storage, or Other Included Areas, or "None"]]. The Premises shall be used solely as a private residence.

3. Master Lease Incorporation and Subordination

A complete copy of the Master Lease (including all amendments, addenda, and exhibits) is attached as Exhibit A and incorporated by reference. This Sublease is subordinate to and shall not conflict with the Master Lease. Sublessee acknowledges having received and reviewed the Master Lease. Sublessee agrees to be bound by every term, covenant, and condition of the Master Lease as if Sublessee were the original tenant thereunder, except as expressly modified by this Sublease., -

ARTICLE II, LANDLORD CONSENT

4. Landlord Written Consent Required

Pursuant to Montana Code Ann. § 70-24-305, this Sublease shall not be effective and Sublessee shall have no right to possession unless and until Landlord provides prior written consent to the subletting. Sublessor shall use reasonable efforts to obtain Landlord's written consent in the form attached as Exhibit B (Landlord Consent to Sublease). Sublessor shall deliver the executed consent to Sublessee no later than [[Consent Deadline, e.g. 10 business days after Sublease Execution Date]].

5. Effect if Consent Withheld or Delayed

If Landlord's written consent is not obtained by the deadline, either party may terminate this Sublease by written notice to the other. Upon termination, Sublessor shall promptly refund to Sublessee all prepaid rent, security deposit, and other sums paid by Sublessee under this Sublease.

6. No Release of Sublessor; Liability Chain

Landlord's consent to this Sublease does not release Sublessor from any obligation under the Master Lease. Sublessor remains jointly and severally liable with Sublessee to Landlord for all rent, damages, and other obligations arising during the Sublease Term. Landlord may pursue Sublessor, Sublessee, or both for any default. Sublessee's performance does not excuse Sublessor from liability to Landlord., -

ARTICLE III, TERM

7. Sublease Term

The Sublease Term begins on [[Sublease Commencement Date]] and ends on [[Sublease Expiration Date]], unless sooner terminated or extended in accordance with this Sublease or the Master Lease. The Sublease Term shall in no event extend beyond the expiration or termination date of the Master Lease.

8. Early Termination

If the Master Lease is terminated for any reason, this Sublease shall automatically terminate on the same date. Sublessee shall vacate the Premises upon such termination., -

ARTICLE IV, RENT AND PAYMENT FLOW

9. Sublease Rent

Sublessee shall pay Sublessor monthly rent of [[Monthly Sublease Rent Amount]], due on the [[Rent Due Day, e.g. first]] day of each month, in advance, without demand, deduction, or offset. Payment shall be made by [[Payment Method, e.g. check, electronic transfer]] to [[Sublessor Payment Address or Account Details]].

10. Sublessor's Obligation to Pay Master Lease Rent

Sublessor remains solely responsible for timely payment of all rent and other sums due to Landlord under the Master Lease. Sublessee's payment of Sublease Rent to Sublessor does not relieve Sublessor of the duty to pay Landlord. Sublessor shall apply Sublease Rent received toward the Master Lease obligations.

11. Proration and Adjustments

If the Sublease Term begins or ends on a day other than the first or last day of a month, rent shall be prorated on a daily basis using a 30-day month.

12. Late Fees and Returned Payments

If Sublessee's payment is late, Sublessee shall pay a late fee of [[Late Fee Amount or Formula]]. Any returned payment fee is [[Returned Payment Fee]]. Late fees must comply with Montana law., -

ARTICLE V, SECURITY DEPOSIT

13. Security Deposit Amount and Handling

Upon execution of this Sublease (and after receipt of Landlord consent), Sublessee shall pay Sublessor a security deposit of [[Security Deposit Amount]]. The security deposit shall be handled in accordance with the terms of the Master Lease and Montana law (MCA Title 70, Ch. 24). Sublessor shall hold the deposit in a manner that mirrors the requirements of the Master Lease and applicable Montana statutes. Sublessor shall not commingle the deposit with personal funds.

14. Return of Deposit

Within the time period required by the Master Lease and Montana law after Sublessee vacates and returns the Premises, Sublessor shall return the deposit (less lawful deductions) together with an itemized statement. Sublessor shall provide Sublessee with the same accounting and documentation required of Landlord under the Master Lease.

15. Deposit Deductions

Deductions may be made only for: (a) unpaid rent or other charges due under this Sublease; (b) damage to the Premises beyond ordinary wear and tear; and (c) costs of cleaning to return the Premises to its condition at the start of the Sublease, as documented in the move-in inventory., -

ARTICLE VI, USE, OCCUPANTS, AND COMPLIANCE

16. Permitted Use and Occupants

The Premises shall be occupied only by Sublessee and the additional permitted occupants listed: [[Additional Permitted Occupants or "None"]]. The Premises shall be used solely as a private residence.

17. Compliance with Master Lease and Law

Sublessee shall comply with all terms of the Master Lease, all rules and regulations, and all applicable federal, state, and local laws, including Montana's Residential Landlord and Tenant Act.

18. Guests

Guests may stay no longer than [[Maximum Guest Stay Without Consent, e.g. 7 consecutive days]] without Sublessor's and Landlord's prior written consent.

19. Prohibited Conduct

Sublessee shall not engage in any activity that violates the Master Lease, disturbs neighbors, or creates a nuisance., -

ARTICLE VII, MAINTENANCE, REPAIRS, AND ACCESS

20. Maintenance Obligations

Sublessee shall keep the Premises in a clean, sanitary, and safe condition, comply with all obligations imposed on tenants by the Master Lease and Montana law, and promptly notify Sublessor of any needed repairs or conditions requiring attention.

21. Landlord and Sublessor Access

Sublessor and Landlord may enter the Premises upon reasonable notice as provided in the Master Lease (typically 24 hours except in emergencies) for inspection, repairs, or to show the Premises., -

ARTICLE VIII, DEFAULT, REMEDIES, AND TERMINATION

22. Default by Sublessee

Sublessee is in default if Sublessee fails to pay rent when due, violates any term of this Sublease or the Master Lease, or abandons the Premises.

23. Remedies

Upon default, Sublessor may exercise all remedies available under the Master Lease and Montana law, including termination of this Sublease, recovery of possession, and recovery of unpaid rent, damages, and costs. Sublessor shall also remain liable to Landlord.

24. Holdover

If Sublessee remains after the Sublease Term without consent, Sublessee shall be a holdover tenant and shall pay [[Holdover Rent Rate]] plus any damages, and may be subject to eviction proceedings., -

ARTICLE IX, SURRENDER AND CONDITION

25. Surrender of Premises

At the end of the Sublease Term, Sublessee shall remove all personal property, return all keys and access devices, and leave the Premises in the same condition as at the beginning of the Sublease, reasonable wear and tear and damage by fire or other casualty excepted. Sublessee shall provide a forwarding address.

26. Move-In / Move-Out Inventory

Sublessee acknowledges receipt of the move-in inventory attached as Exhibit C. Sublessee shall complete and return a move-out inventory within the time required by the Master Lease., -

ARTICLE X, GENERAL PROVISIONS

27. Notices

All notices under this Sublease shall be in writing and delivered as required by the Master Lease or Montana law, including personal delivery, first-class mail, or other permitted methods.

28. Governing Law

This Sublease shall be governed by the laws of the State of Montana. Venue shall lie in the county where the Premises are located.

29. Severability

If any provision of this Sublease is held invalid, the remaining provisions shall continue in full force and effect.

30. Entire Agreement

This Sublease, together with the attached Exhibits and the Master Lease, constitutes the entire agreement between the parties concerning the subletting of the Premises and supersedes all prior negotiations and agreements.

31. Counterparts and Electronic Signatures

This Sublease may be executed in counterparts and by electronic signature, each of which shall be deemed an original., -

EXHIBITS

The following Exhibits are attached and incorporated:

  • Exhibit A: Copy of the Master Lease (including all addenda)
  • Exhibit B: Landlord Consent to Sublease form
  • Exhibit C: Move-In / Move-Out Inventory and Condition Checklist
  • Exhibit D: Lead-Based Paint Disclosure (if Premises built before 1978)
  • Exhibit E: Additional Terms: [[List Any Additional Exhibits or "None"]], -

KEY MONTANA SUBLEASE REQUIREMENTS (Numbered)

1. Landlord's prior written consent is required before any subletting under Montana Code Ann. § 70-24-305.

2. The original tenant (Sublessor) remains jointly and severally liable to the landlord for all rent, damages, and obligations under the Master Lease.

3. The sublessee is bound by all terms and conditions of the original Master Lease.

4. Security deposit handling, return timelines, and permitted deductions must follow the requirements set forth in the Master Lease and Montana law.

5. The Sublease Term may not extend beyond the term of the Master Lease.

6. Sublessor must deliver possession only after obtaining Landlord's written consent., -

SIGNATURES

SUBLESSOR

Signature: ________________________________________

Printed Name: [[Sublessor Full Legal Name]]

Date: [[Date Signed]]

SUBLESSEE

Signature: ________________________________________

Printed Name: [[Sublessee Full Legal Name(s)]]

Date: [[Date Signed]]

LANDLORD CONSENT ACKNOWLEDGMENT (to be completed upon execution of Exhibit B)

Landlord acknowledges receipt of a copy of this Sublease and has provided written consent separately via Exhibit B.

Landlord Signature: ________________________________

Printed Name / Title: [[Landlord Name or Authorized Signatory]]

Date: [[Consent Date]], -

Template example, not professional (legal/financial/medical) advice. This document is a sample template only. Figures, periods, and clauses must be verified against current Montana statutes and the specific Master Lease. Consult a licensed Montana attorney for advice regarding any particular tenancy. Sources cited as of June 2026., -

*End of Montana Sublease Agreement*

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Sublease agreement with master lease attached as exhibit and a separate landlord consent form.
Format & standard
03

What good looks like.

01

What it must include

Criteria
  • 01Identification of sublessor, sublessee, and master-lease reference
  • 02confirmation of landlord consent (or that it's required)
  • 03term (must be within master lease)
  • 04rent and how it flows to landlord
  • 05incorporation of master-lease obligations binding sublessee
  • 06sublessor's continuing liability to landlord
  • 07deposit
  • 08condition and surrender terms
02

Signals of expertise

Quality
  • Explicit "subject and subordinate to the master lease" clause
  • landlord-consent contingency
  • pass-through of master-lease defaults and indemnity from sublessee
03

Common mistakes

Pitfalls
  • ×Sublease term exceeding the master lease
  • ×ignoring landlord-consent requirement
  • ×not attaching/incorporating the master lease

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