0

I am a co-tenant on a lease in LA. I want to sublet my room. My lease says a subletter can move in upon landlord approval, but it does not say anything about co-tenant approval. I’d like to sublet to someone my co-tenant approves of, but I want to know if my co-tenant can obstruct me from subletting completely.

1

I want to know if my co tenant can obstruct me from subletting completely.

It depends on whether also your co-tenant's lease provides that "a subletter can move in upon landlord approval". If it does, then co-tenant's possible objection would be devoid of merit. That is because the lease implicitly informed the co-tenant that a similar clause would be available to other tenants, thereby implying that subletting is contingent only on landlord's approval.

It is possible that co-tenant's lease contains that clause and other language supporting the allegation that no other tenant would have the right to sublet. In that case, the legal merit of co-tenant's objection requires pondering other factors. That being said, it is doubtful that the co-tenant's lease entails any intricacies in this regard.

The matter is more complicated if the co-tenant's lease does not contain language alerting --even if only implicitly-- of other tenants' permission to sublet. Assessing the merit of co-tenant's objection requires analyzing the communications between the landlord and the co-tenant that occurred prior to signing the lease. Those communications could shed light on co-tenant's assumptions that prompted him/her to enter the lease, one of those assumptions possibly having to do with the maximum number of tenants..

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.