Cal. Civ. Code § 70-24-305
Transfer Of Premises By Tenant
Operative Text
A tenant who vacates a dwelling unit during the term of a tenancy may not allow the possession of the property to be transferred to a third person or sublet the property unless the landlord or the landlord's agent has consented in writing.
Montana Code § 70-24-305 establishes that a tenant who leaves a rental unit before the end of the lease term cannot hand over possession of that unit to another person or sublet it without first obtaining the landlord's written consent. The rule applies both to informal transfers of possession and to formal subletting arrangements. Written consent from either the landlord or an authorized agent satisfies the requirement.
Plain English — not legal advice.
Under Mont. Code Ann. § 70-24-305, compliant property owners and managers maintain a clear written-consent process for any mid-tenancy transfer of possession or subletting. Operators typically document any approved transfer or sublease in writing, signed by the landlord or an authorized agent, before the new occupant takes possession. Keeping records of denied or approved requests helps demonstrate compliance if a dispute arises over an unauthorized occupant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Code Ann. § 70-24-305 means that tenants who need to vacate before their lease ends generally must secure the landlord's written approval before allowing anyone else to move in or take over the unit. Without that written consent, a transfer or sublet may be considered a violation of the tenancy, which could affect a tenant's rights under the lease. Tenants who have questions about their options in this situation may benefit from contacting a local tenant-rights organization or legal aid office for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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