ROOMATES & SUBLEASING
Tenants in buildings with four or more apartments have the right to sublet with the landlord’s advance consent. Any lease provision restricting a tenant’s right to sublease is void as a matter of public policy.
If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease, including all future rent.
If the landlord denies the sublet on reasonable grounds, the tenant cannot sublet, and the landlord is not required to release the tenant from the lease.
If the landlord denies the sublet on unreasonable grounds, the tenant may sublet anyway. If a lawsuit results, the tenant may recover court costs and attorney’s fees if a judge rules that the landlord denied the sublet in bad faith.
These steps must be followed by tenants wishing to sublet:
The tenant must send a written request to the landlord by certified mail, return-receipt requested. The request must contain the following information:
(a) the length of the sublease;
(b) the name, home and business address of the proposed subtenant;
(c) the reason for subletting;
(d) the tenant’s address during the sublet;
(e) the written consent of any co-tenant or guarantor; and
(f) a copy of the proposed sublease together with a copy of the tenant’s own lease, if available.
Within ten days of mailing this request, the landlord may ask the tenant for additional information. Any request for additional information may not be unduly burdensome.
Within 30 days of the mailing of the tenant’s sublet request or within 30 days of the landlord’s request for additional information, whichever is later, the landlord must send the tenant a notice of consent, or if consent is denied, the reasons for denial.
A landlord’s failure to send this written notice is considered consent to sublet.
