Consent from the landlord A tenant must get a landlord's written permission to sub-let or transfer any part of the property. If a tenant does this without consent, they are breaching the terms of the tenancy agreement.
No. You are not allowed to sublet an assisted unit. You must live in the unit, and it must be your only residence.
Subletting Can Impact Property Values Parking becomes difficult, there are higher utility costs, and the neighborhood won't be as appealing to prospective buyers.
To determine if the lease is null and void, you would need to review the terms and conditions stated in the lease agreement itself, as well as any applicable local tenant laws. In general, leases can be considered void if there are significant inaccuracies or misrepresentations that impact the agreement's validity.
Without the landlord's consent, any sublease might be unenforceable, potentially leading to legal disputes or eviction. Obtaining written permission helps protect all parties involved and ensures the sublease adheres to local laws and regulations.
Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
If they do not leave, then you will need to evict them by filing suit. Your only other option is to vacate and then the landlord will have to evict them.
Your Step-by-Step Guide to Subletting in California Read Your Lease Carefully. Obtain Pre-Approval to Sublet. Find and Screen a Subletter. Send a Written Request for Approval. Wait Patiently (but Not Too Patiently). Collect and Store Security Deposit and Rent. Enjoy Your Freedom:
The basic framework: A sublease clause permits the tenant, with certain stipulations, to rent out either a portion or the entirety of their leased space to a third party, referred to as a subtenant.
The terms sublet and sublease are often used synonymously, but they have very different meanings. The gist is that a sublet occurs when you find a new renter for the property who will sign a new lease with the landlord, while a sublease occupies the space without signing a lease directly with the landlord.