November 30, 2018 | Share

Does a Tenant Need Approval to Sublet?

Sometimes, even when you had the best of intentions, you just are not able to honor the full term of your lease. Perhaps you are a college student returning home for the summer. Maybe you took a job in a new city and need to move; or maybe you want to get away from insufferable roommates.

Whatever the reason for leaving your place, you now find yourself in need of a way out of your lease. And you are hoping that subletting your place is the way to go. You have even found someone who you know and trust who is willing to move into your place and cover the remaining months rents.

But before you start packing your bags, there are a few matters you will need to resolve.

What Does Your Lease Say About Subleasing?

In Massachusetts, the law allows for subleasing with landlord approval unless it is specifically prohibited in your lease. So your first course of action will be to confirm that you are allowed to sublet your place. The good news is that the vast majority of Boston area leases allow subleasing with landlord approval. If yours is one of the exceptions to this rule and subleasing is not allowed, you are basically out of luck.

Before you throw yourself on the mercy of your landlord to see if he or she will work something out with you, you may want to consult with a Boston lease lawyer to help you explore options.

Requesting Permission to Sublet

Your lease with your landlord is a legally binding contract, and your agreement with your sub-lessee should be too. A Boston lease lawyer to help you draft a sublease agreement that protects you and will be acceptable to a landlord.

Send a copy of the sublease agreement to your landlord, along with a letter requesting permission to sublet your place. Provide as much relevant information as you can about your reasons for leaving and reference the subleasing clause in your lease. The request should be sent certified mail with a request for return receipt, as you will want to track the date it was received.

You should get a response within 30 days that either accepts or rejects your request. If you don’t receive a response in this time period, you can assume the sublease is approved.

A Boston Lease Lawyer Can Help If Your Landlord Turns You Down

If your landlord rejects your request to sublet, you still might have recourse.

Your request cannot be unreasonably refused. The only real reasons your landlord can refuse your request are if he or she has reason to doubt that the subtenant can meet the required financial responsibilities, if somehow the proper use of the premises is in question, or if other tenants have objections.

A Boston lease lawyer can help if you think your landlord’s rejection was unreasonable.

If you have questions about subletting your rental apartment or house, we encourage you to contact us at (617) 848-4572 to speak with an experienced Boston lease lawyer or request an appointment online today.

Posted in Landlord-Tenant Information