Any tenant rights experts on? Question about subletting.

bougiesis

We're thinking of subletting our place for a few months and I'm confused about the legalese regarding our rights:

"Tenants with leases who live in buildings with four or more apartments have the right to sublet with the landlord's advance consent. The landlord cannot unreasonably withhold consent. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease. 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."

So my question is, what is considered "reasonable grounds" to deny a sublet and who decides that?

Thanks.

booklaw

I'm not an expert on landlord/tenant matters, but I would have to say that the judge in housing court decides what is or is not "reasonable grounds." In other words, you won't know for certain until the eviction proceeding is well underway.

I suspect also that there must be extensive case law as to what "reasonable grounds" might be.

crunchberry

Check the terms of your current lease. It should have a clause regarding subleases and assignments. Then contact your landlord/building mgr and tell them you would like to sublease and what the process will be for him/her to approve it. More than likely they will require stringent financial checks, similar to what you went through to rent. You could instead go around the legal sublease and just have your subleaser pay you and you pay your rent as usual. For a couple months I doubt anyone would notice, but you will be a better judge for your particular situation. I HIGHLY recommend getting a deposit for damages (if you go the non legal route) and have them prepay for a professional cleaning when they vacate.

drkman

I think that it may also have to do with whether your building is Rent Stabilized. In a rent stablized apartment you are forbidden to sub lease an apartment for more than the regulated rent.