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Posted by Colleen on September 23, 1997 at 15:13:08:

In Reply to: Re: Refusing a Sublet? posted by Joe Dumela on September 22, 1997 at 15:37:53:

: : 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.

Thanks for the help - now comes an additional question. The landlord is
stating something about 1/2 vacancy and that he can go after me for not
living in the apartment even though - my roomate will still be there.
We are both on the lease and that is how he is claiming that he can raise
the rent on her. Anyone heard of this?

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Comments:
: : : 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.

: 
: Thanks for the help - now comes an additional question.  The landlord is 
: stating something about 1/2 vacancy and that he can go after me for not 
: living in the apartment even though - my roomate will still be there.  
: We are both on the lease and that is how he is claiming that he can raise
: the rent on her.  Anyone heard of this?



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