Can my roommates prevent me from subletting to a guy?

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Can my roommates prevent me from subletting to a guy?

Hello, I am trying to sublet my apartment and I had found a male to take over, when I asked my female roommates if this was okay, they said no. I checked with the leasing office and they said if my roommates don’t approve they can’t go forward with it, can they legally do this? The guy is a student, and seems fine and has lived at that apartment complex before, but the leasing office told me they couldn’t go through with it.

Asked on February 3, 2017 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on what your lease says about subletting (if it says anything). Obviously, if it says that your roommates must concur, they can directly stop it. If it says you need your landlord's approval and the landlord chooses to not approve unless the roommates also approve, then they can again refuse to allow this. But if there are no restrictions in the lease in subletting, you may sublet to whomever you want: subletting is unrestricted in the abscence of lease/contractual limitations.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on what your lease says about subletting (if it says anything). Obviously, if it says that your roommates must concur, they can directly stop it. If it says you need your landlord's approval and the landlord chooses to not approve unless the roommates also approve, then they can again refuse to allow this. But if there are no restrictions in the lease in subletting, you may sublet to whomever you want: subletting is unrestricted in the abscence of lease/contractual limitations.


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