Posted by Joe Dumela on September 22, 1997 at 15:37:53:
In Reply to: Refusing a Sublet? posted by Colleen on September 19, 1997 at 17:01:07:
: I find myself in a position where I need to sublet my apartment due to
: a change in employment. I found a subletter to take over my half of the
: rent ( I live with one other person.) I had contacted my landlord about
: arranging for a sublet and he had given me a verbal ok - so I was setting
: up the sublease and I spoke with them again and now they are saying they
: will not approve a sublet. I have read the tenant landlord guidelines where
: it states that a landlord may not 'unreasonably with hold consent.' Can
: some give me a little feed back as to what is a reasonable reason and what
: is an unreasonable one - at the moment I have been told no reason why
: it would be refused just that it would be - so before I pursue it further
: I would like to know the 'general lines.' If 'general line exist'.
: Thank you.
One "reasonable" reason might be if the owner feels the person will not
be able to pay the rent if they don't have a job or other income. Real
Property Law 226b allows subletting. If you check the March 1996 issue
of Met Council's paper (on the web site) there's a guide to subletting.
Put it in writing and give the owner time to respond as per the guidelines.
BTW, if there's another tenant and you're both prime tenants on the lease,
then it's not a sublet -- the new person would become the "roommate" of the
other person, which is allowed no matter what the owner states. Such occupancy
restrictions are independent of your lease obligations to pay rent for the term.
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