Question

If a tenant requests the right to sublet, which specific lease clause must be strictly audited to determine if the landlord has the right to reject a subtenant without providing a specific reason?

Accepted Answer

The specific lease clause that must be audited is the Assignment and Subletting clause. To determine if a landlord can reject a subtenant without providing a reason, you must look for the presence or absence of a reasonableness standard. If the lease states that the landlord’s consent shall not be unreasonably withheld, the landlord is legally obligated to have a valid, objective reason for denial, such as the subtenant&#x27;s poor credit history or lack of references. If the lease does not include this language, or if it explicitly states that the landlord may withhold consent in their sole and absolute discretion, the landlord has the legal right to reject a proposed subtenant for any reason or no reason at all. Sole and absolute discretion refers to a legal provision that grants one party the power to make a decision based entirely on their own preferences without being held to a standard of fairness or justification. Therefore, the absence of an reasonableness qualifier is what grants the landlord the right to deny a sublease request without further explanation.

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If a tenant requests the right to sublet, which specific lease clause must be strictly audited to determine if the landlord has the right to reject a subtenant without providing a specific reason?