Sub-Lease Questions.

Trying to get into the process of moving out of a 2bed/2bath I moved into with my friend. I still have 7 months on the lease but I 'm sick of my living condition and the way my so called friend now treats the apartment. My lease stipulates that I have to have prior written consent from the owner in order so sub-let. My questions are:

1. If my landlord turns me down is there any legal way around it?

2.Is there anyway that my roommate could bar me from sub-letting/moving out of my house?

3.Could lying about facts like current enrollment in school before a lease is signed be grounds for legal penalties?

P.S. I live in Central California

[sandyclaus]

Originally Posted by Unregistered Trying to get into the process of moving out of a 2bed/2bath I moved into with my friend. I still have 7 months on the lease but I 'm sick of my living condition and the way my so called friend now treats the apartment. My lease stipulates that I have to have prior written consent from the owner in order so sub-let. My questions are: 1. If my landlord turns me down is there any legal way around it? 2.Is there anyway that my roommate could bar me from sub-letting/moving out of my house? 3.Could lying about facts like current enrollment in school before a lease is signed be grounds for legal penalties?

1) Not really. Many try to do so w/o LLs permission but end up getting all occupants evicted for the remainder of the lease.

2) If she is named on the lease, she could inform the LL and, again, get everyone kicked out. Nothing bars you from moving out, as long as you don't mind paying for the space in your absence anyway. Of course, she could pay the full rent (voluntarily) or get a roommate (with or w/o LLs permission) and you risk eviction and cost of lease anyway.

3) Depends on what bearing your school enrollment status has on your situation. i.e., if you lied to obtain funding of some sort, that would be fraud and subject to prosecution and/or civil penalties of someone in authority found out.

In regards to the last post question 2, If I was to LEGALLY be able to sublease from my landlord, could my roommate stop me from sub-leasing for any reason under law?

Also, question 3 is about my roommate, not me. She lied about her enrollment in school(she flunked out), then her and her parents convinced me to move to an apartment close to school despite the fact that better offers were available in other neighborhoods. Is this illegal or just unethical?

If your lease was written to just rent a room for each of you, the roommate cannot stop you from subleasing your room. If the lease was written to jointly and severally lease the unit together, the roommate gets to OK any new roommate since she be responsible for the entire rent if the roommate doesn't pay and you don't make it up.

Her enrollment had no bearing on the lease. There is nothing illegal as it was not used to qualify for the unit. It was your choice to rent with her.