Can my roommate sublet without my consent?

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:
  • State: National

Answer:

When sharing a rented place, it's crucial to have a written roommate agreement. In your situation, both the lease agreement and the roommate agreement specify that two conditions must be met to sublet:

  1. Written consent from your landlord.
  2. Written consent from you, the other roommate.

Your roommate cannot legally sublet their space to a third party without your agreement. If you are uncomfortable with this arrangement, you can enforce the agreements. Consider informing your landlord about the situation to prevent any misunderstanding regarding your consent. You have legal grounds to address this issue, as you are in a contractual relationship with your roommate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, all roommates must agree on a subletter if your lease or roommate agreement requires written consent from all parties. If one roommate wants to sublet, they need to obtain approval from the other roommates as stipulated in the agreements.