Montana subletting rules for landlords: written consent when a tenant moves out mid-tenancy
MCA 70-24-305 is a single sentence with a narrow target. A Montana tenant who moves out of a dwelling unit before the tenancy ends may not allow possession to be transferred to a third person, or sublet, without the landlord's written consent. The exception is where the landlord or the landlord's agent has agreed in writing.
What does MCA 70-24-305 say?
The provision applies to a tenant who moves out of a dwelling unit before the tenancy ends. That tenant "may not allow the possession of the property to be transferred to a third person" and may not sublet the property without written consent, unless the landlord or the landlord's agent has agreed in writing to the transfer or sublease.
Notice what it does not say. It sets no response deadline, no list of reasons for refusal, no reasonableness standard and no fee. It is a consent rule: no written agreement, no lawful transfer.
Who does it reach, and who not?
The statute is aimed at the tenant who leaves. A tenant who stays in the unit and shares it with a roommate is not described by this sentence. For the rest, the lease decides: guests, additional occupants and roommates are matters for your lease terms and your own screening. For manufactured home lots, the Montana Code has a parallel provision at 70-33-305 with the same written-consent rule.
Example a made-up landlord in Bozeman learns that a tenant has moved to another city and a friend has moved in for the rest of the lease, paying the tenant by transfer. No written consent exists. The landlord can point to MCA 70-24-305 and the lease, and can offer the friend an application so the occupancy can be regularized.
What should a Montana landlord do?
- Put the consent rule in the lease in plain words, and require requests in writing.
- Offer an application and screen any proposed occupant the way you screen anyone.
- If you agree, sign a short written consent that names the occupant, the dates and who remains responsible for rent.
- If you decline, say so in writing with a short reason, and keep the message.
Because the statute sets no deadline, a prompt written answer is your own policy, and it protects you from a claim that your silence was agreement.
Where Montana landlords slip
The most common slip is accepting rent from a new occupant without writing anything. Rent paid by an unknown person, month after month, can be read as acceptance of the arrangement. If you discover an unapproved occupant, act in writing quickly: say what the lease and the statute require, offer an application, and set a date. Another slip is an oral consent. The statute asks for written agreement, and a text or an email that names the occupant and the term usually meets that need in practice, but a signed document is clearer.
Handling a request step by step
When a Montana tenant asks to move out and hand over the unit, ask for the new occupant's details in writing. Run the same screening you would run for any applicant, answer promptly, and sign a short consent if you agree. The consent should name the occupant, say when it starts and ends, say whether the original tenant stays liable and confirm that the lease terms continue. If you decline, give a brief reason. A consistent process also protects you from a claim that you treated one tenant differently from another.
How DoorKeeping fits in Montana
DoorKeeping keeps a Montana tenant's sublet or assignment request in the unit's message thread with the date it arrived, the proposed occupant's details and your reply. A signed consent can be stored with the lease so the written agreement the statute requires is easy to find. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- Can a Montana tenant sublet without the landlord's consent?
- A tenant who moves out during the tenancy may not sublet or transfer possession without the landlord's written consent (MCA 70-24-305).
- Does Montana set a deadline for the landlord to answer?
- Not in this section. It sets no deadline or reasonableness standard.
- Does the Montana rule cover manufactured home lots?
- A parallel section, 70-33-305, has the same written-consent rule.