Montana Subletting, Lease Endings & Tenant Death
Montana rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Landlord's written consent is required. A tenant who moves out during the tenancy may not let possession pass to someone else or sublet the unit unless the landlord or the landlord's agent has agreed in writing. Mont. Code Ann. § 70-24-305
The rules in Montana
| Subletting | Landlord's written consent is required. A tenant who moves out during the tenancy may not let possession pass to someone else or sublet the unit unless the landlord or the landlord's agent has agreed in writing. The statute sets no standard for when the landlord must agree. Source: Mont. Code Ann. § 70-24-305 |
|---|---|
| When the lease ends | If the lease does not set a default extension period and neither side gives 30 days' written notice to end the tenancy before the original end date, the tenancy continues month to month. A tenant who stays without the landlord's consent after the lease ends can be sued for possession. If the landlord consents to continued occupancy, the tenancy is month to month (week to week for a roomer paying weekly). For a lease longer than month to month that the landlord ended for cause, a purposeful, bad-faith holdover lets the landlord recover up to 3 months' periodic rent or treble damages, whichever is greater; the same applies when a month-to-month tenant stays past a lawful 30-day no-cause termination. Month-to-month tenancies end on 30 days' written notice by either side (§ 70-24-441). The answer deadline in a possession or holdover case is 5 business days after service (§ 70-24-429(4)). |
| If a tenant dies | Montana's Residential Landlord and Tenant Act has no provision on what happens to a lease, the deposit, or the tenant's belongings when the tenant dies. Reviewed Title 70, chapter 24 (Residential Landlord and Tenant Act of 1977) and chapter 25 (security deposits) on 2026-10-28; no provision found. Other general law (such as probate) may apply. |
Montana vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Montana | Landlord's written consent is required. A tenant who moves out during the tenancy may not let possession pass to someone else or sublet the unit unless the landlord or the landlord's agent has agreed in writing. The statute sets no standard for when the landlord must agree. Mont. Code Ann. § 70-24-305 | If the lease does not set a default extension period and neither side gives 30 days' written notice to end the tenancy before the original end date, the tenancy continues month to month. A tenant who stays without the landlord's consent after the lease ends can be sued for possession. If the landlord consents to continued occupancy, the tenancy is month to month (week to week for a roomer paying weekly). For a lease longer than month to month that the landlord ended for cause, a purposeful, bad-faith holdover lets the landlord recover up to 3 months' periodic rent or treble damages, whichever is greater; the same applies when a month-to-month tenant stays past a lawful 30-day no-cause termination. Mont. Code Ann. §§ 70-24-205, 70-24-429, 70-24-201(2)(e) | Montana's Residential Landlord and Tenant Act has no provision on what happens to a lease, the deposit, or the tenant's belongings when the tenant dies. Mont. Code Ann. Title 70, ch. 24 (reviewed); Title 70, ch. 25 (reviewed) |
| Idaho | According to the Idaho Attorney General's manual, unless the lease prohibits it, a tenant may sublet, but the original tenant stays responsible under the lease. If a tenant assigns or sublets contrary to the lease, that ends the lease, and the landlord may recover possession after serving a 3-day notice to quit. Idaho Attorney General, Landlord and Tenant Manual (July 2026), p. 20; Idaho Code § 6-303(4) | For residential leases, the landlord must give written notice at least 30 days before a nonrenewal of the lease or before a rent increase takes effect. A fixed-term lease can be extended only if both sides agree, per the Attorney General's manual. A tenant who stays after the term without the landlord's permission is guilty of unlawful detainer and can be evicted; a tenancy at will ends with at least one month's written notice from either side. Idaho Code §§ 55-304(2), 6-303(1), 55-208; Idaho Attorney General, Landlord and Tenant Manual (July 2026), p. 20 | Not verified yet |
| North Dakota | North Dakota has no state law in its lease chapter that sets a consent standard for subletting or assigning a residential lease (for example, a rule that consent may not be unreasonably withheld). The chapter provides only that a landlord keeps its remedies against a tenant's assignee for claims arising while the assignee holds the lease. N.D.C.C. ch. 47-16 (reviewed); § 47-16-30 | If a residential tenant stays after the lease ends and the landlord accepts rent, the tenancy is presumed to continue as month to month (unless the lease has an automatic renewal clause). A landlord may enforce an automatic renewal clause in a residential lease of two months or more only if it notified the tenant in writing, personally or by first-class mail, at least 30 days before the lease expires; otherwise the lease converts to month to month. A month-to-month tenancy that results can be ended on the last day of a month with at least one calendar month's notice. N.D.C.C. §§ 47-16-06, 47-16-06.1, 47-16-15(5) | When a residential tenant dies, any surviving tenant or the tenant's estate may choose to end the lease on the last day of the month following the month of death, unless the lease ends sooner. Deposit return then follows the general security-deposit rule, and belongings left behind are subject to the abandoned-property rule. N.D.C.C. §§ 47-16-18, 47-16-07.1, 47-16-30.1 |
| South Dakota | South Dakota has no state law in its lease chapter that sets a consent standard for a residential tenant to sublet or assign. The chapter provides that a landlord has the same remedies against the tenant's assignees, for claims arising while they hold the lease, as against the original tenant (except an assignment made only as security for a loan without possession). SDCL ch. 43-32 (reviewed); SDCL 43-32-20 | If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms and for the same length of time, up to one year. A lease with no stated term renews automatically unless either party gives notice at least as long as the rental period, up to one month. A tenant who holds over after the lease ends can be removed through an eviction (forcible entry and detainer) action. SDCL 43-32 sets no holdover rent penalty and no rule on automatic renewal clauses. SDCL 43-32-14, 43-32-15; SDCL 21-16-1(4) | A lease that either party can end at will is terminated when the other party receives notice of the tenant's death; in other cases the lease is not ended by the tenant's death. The lease chapter has no separate procedure for a deceased tenant's belongings or deposit. SDCL 43-32-23; SDCL ch. 43-32 (reviewed) |
| Wyoming | Wyoming's residential rental statutes do not set a rule on whether a landlord must consent to subletting or assignment. They do require the renter not to increase the number of occupants above what the rental agreement allows without the owner's written permission. W.S. 1-21-1204(a)(v); W.S. 1-21-1201 to 1-21-1211 (reviewed) | A tenant who holds over after the lease term can be removed through a forcible entry and detainer case, which requires a written notice to leave served at least three days before the case is filed. Wyoming's residential rental and eviction statutes do not address automatic-renewal clauses, the notice needed to end a month-to-month tenancy, or a holdover rent penalty. W.S. 1-21-1002(a)(i), 1-21-1003; W.S. 1-21-1001 to 1-21-1211 (reviewed) | Wyoming's residential rental and eviction statutes do not address what happens to a lease when a renter dies. After the rental agreement ends, the general abandoned-property rules apply: the owner must send written notice describing valuable property and may dispose of it after seven days if no one claims it. W.S. 1-21-1210(a); W.S. 1-21-1001 to 1-21-1211 (reviewed) |
More Montana rental law
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Compare subletting, lease endings & tenant death in all 50 states and DC →
Montana Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Montana?
Landlord's written consent is required. A tenant who moves out during the tenancy may not let possession pass to someone else or sublet the unit unless the landlord or the landlord's agent has agreed in writing. The statute sets no standard for when the landlord must agree. (Mont. Code Ann. § 70-24-305)
What happens when my lease ends in Montana?
If the lease does not set a default extension period and neither side gives 30 days' written notice to end the tenancy before the original end date, the tenancy continues month to month. A tenant who stays without the landlord's consent after the lease ends can be sued for possession. If the landlord consents to continued occupancy, the tenancy is month to month (week to week for a roomer paying weekly). For a lease longer than month to month that the landlord ended for cause, a purposeful, bad-faith holdover lets the landlord recover up to 3 months' periodic rent or treble damages, whichever is greater; the same applies when a month-to-month tenant stays past a lawful 30-day no-cause termination. (Mont. Code Ann. §§ 70-24-205, 70-24-429, 70-24-201(2)(e))
What happens to a lease when a tenant dies in Montana?
Montana's Residential Landlord and Tenant Act has no provision on what happens to a lease, the deposit, or the tenant's belongings when the tenant dies. (Mont. Code Ann. Title 70, ch. 24 (reviewed); Title 70, ch. 25 (reviewed))
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.