No subletting without landlord consent
Requiring consent for subletting is standard. As long as consent isn't 'unreasonably withheld,' this is fair.
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What it actually means
The landlord has a legitimate interest in knowing who lives there. Consent requirements let them screen subtenants.
Ask for language that consent 'will not be unreasonably withheld' — prevents arbitrary rejections.
What it looks like in a lease
"Subletting requires prior written consent from Landlord, which shall not be unreasonably withheld."
What to watch for
- Whether 'unreasonably withheld' language exists
- Whether landlord can charge a fee
How to negotiate it
Make sure it says 'not unreasonably withheld.' A fee for processing is acceptable ($50–$100).
When it crosses into a red flag
- Consent at landlord's 'sole discretion'
- Excessive processing fees
Frequently asked questions
Can the landlord just say no?
If consent is at their 'sole discretion,' yes. If 'not unreasonably withheld,' they need a legitimate reason.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
