Roommate Agreement in Montana

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What Montana law says

Roommate not on the lease	Under Montana's Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement (written or oral) to occupy the unit, or a person who has a sublease with the leaseholder made with the landlord's written approval under the rental agreement. A person living there without a rental agreement or approved sublease is not a tenant; someone staying temporarily with a tenant is a guest. Because an oral agreement counts as a rental agreement, an occupant who reaches an agreement with the landlord can become a tenant even without a written lease. Source: Mont. Code Ann. § 70-24-103(8), (16), (19)
Removing a roommate or subtenant	A tenant may use Montana's unlawful detainer procedures to recover possession from an undertenant (subtenant) who unlawfully stays. A periodic or at-will occupancy must first be ended by proper written notice (at least 30 days for month-to-month, 7 days for week-to-week, at least 1 month for a tenancy at will) before a court case is filed. Notice for tenancy at will: https://mca.legmt.gov/bills/mca/title_0700/chapter_0270/part_0010/section_0040/0700-0270-0010-0040.html. Subletting against the lease terms can itself end the main lease (70-27-108). Source: Mont. Code Ann. §§ 70-27-108, 70-27-104, 70-24-441

Roommate not on the lease

Under Montana's Residential Landlord and Tenant Act, a tenant is a person entitled under a rental agreement (written or oral) to occupy the unit, or a person who has a sublease with the leaseholder made with the landlord's written approval under the rental agreement. A person living there without a rental agreement or approved sublease is not a tenant; someone staying temporarily with a tenant is a guest.

Because an oral agreement counts as a rental agreement, an occupant who reaches an agreement with the landlord can become a tenant even without a written lease.

Source: Mont. Code Ann. § 70-24-103(8), (16), (19)

Removing a roommate or subtenant

A tenant may use Montana's unlawful detainer procedures to recover possession from an undertenant (subtenant) who unlawfully stays. A periodic or at-will occupancy must first be ended by proper written notice (at least 30 days for month-to-month, 7 days for week-to-week, at least 1 month for a tenancy at will) before a court case is filed.

Notice for tenancy at will: https://mca.legmt.gov/bills/mca/title_0700/chapter_0270/part_0010/section_0040/0700-0270-0010-0040.html. Subletting against the lease terms can itself end the main lease (70-27-108).

Source: Mont. Code Ann. §§ 70-27-108, 70-27-104, 70-24-441

Fill it in

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · Montana tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.