Sub Leasing Rights

[lyttlred@yahoo.co.uk]

I am in a one year contract with my landlord, and due to important business issues need to be able to sublease my apartment. In my lease it states that I may sublease with permission of landlord. I found a tenant who is highly suitable, a respectable lawyer with a good rental background. I asked permission to sublet, including that i would do anything that needed to be done, cleaning, ect.. And they said no. I asked multiple times including in writing, including many reasons that this would be a safe and unproblematic move. I also made them aware that it is highly important for me to vacate in order to not harm my business and jeopardize my income. They have no valid reasons that they have given me as to not allowing this, what can I do? Please help

[OHlandlord]

If your lease states that you may sublease with the LL's permission, he cannot unreasonably withhold this permission. He *IS* allowed to set reasonable criteria for tenants based on sound business reasons. Ask him if the proposed tenant meets his criteria and if not, ask for a copy of his criteria. (Perhaps he doesn't like attorneys! Who knows?) If he gives you the criteria, find someone who meets all the items on his list. If he still refuses to allow you to sublet when your lease allows you to do so, insist that he allow you to break your lease with reasonable penalties. If he refuses, you may have to just break the lease and countersue when he tries to take you to court. If this happens, take the applicant with you (with completed application, credit record, previous LL references, etc. to show he was a good candidate). You will be able to show that he unreasonably denied your request to sublease even though your lease said you could. Let me know how this turns out.