Cal. Civ. Code § 70-24-305

Transfer Of Premises By Tenant

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaSublet Rights

Operative Text

Cal. Civ. Code § 70-24-305
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.
Source: Legislative text reproduced verbatim
Plain English

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.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

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.

For Tenants

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.

Effective Timeline

Current
Oct 22, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-24-426
Mont. Code Ann. § 70-24-311
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-302
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-406
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-427
Mont. Code Ann. § 70-24-108
Mont. Code Ann. § 70-24-441
Mont. Code Ann. § 70-24-321
Mont. Code Ann. § 70-24-303
Mont. Code Ann. § 70-24-411
Mont. Code Ann. § 70-24-405

Related Rules

§ 10-A
Right to sublease
§ 226-B
Right to sublease or assign
§ 1951.4

Source Information