How can I stop my roommate from subletting his space to a stranger violating the roommate agreement?

Full question:

I am one of the two co-tenants in an apartment lease agreement. He wants to sublet his portion to a stranger despite the fact that I do not feel comfortable to give him the permission to do so. Both our tenancy agreement and roommate agreement clearly states that the landlord and the roommates have to agree unequivocally in writing in order to sublease the space. Can he sublet his portion of the lease without my written consent?

• Category: Landlord Tenant
• Subcategory: Residential Lease
• Date: 04/07/2025
• State: National

Answer:

It is always advised that you have a roommate’s agreement drawn up in writing when you are sharing a rented place. This agreement lays down the terms that have to be followed by the people you share the place.
In your case, you have clauses in both the lease agreement and roommate’s agreement in place which states that either of you who intends to sublet your space must comply two conditions:

1. A written consent from your landlord approving the sublease.
2. A written consent from the other roommate approving the sublease.

Only if these two conditions are fulfilled can one sublet their share of the rented place to a third person. You can hold your roommate to the agreements if you are not comfortable with him renting the place out to a stranger. You can notify your landlord and make him aware of the situation so that he does not approve the sublease on the mistaken belief that you are in agreement.  You have an action against as you in privity of contract with him, if he does not comply with the terms of the lease agreement and roommate’s agreement.