What to do if I own a condo and have a tenant wants to sublease for the remaining 9 months of his term?

UPDATED: May 25, 2012

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What to do if I own a condo and have a tenant wants to sublease for the remaining 9 months of his term?

This tenant is a family with good income, credit, background, etc. He claims to have found tenants to assume the lease. The tenants are 3 male roommates; no 2 of them combined would qualify financially. I have told him that I have control over who goes into the unit and 3 roommates are not similar or at “least as qualified”. It is my understanding that I retain control over who goes into the unit . Financial issues aside, do I have control over who is accepted and can I deny this or another roommate situation? I don’t like the idea of putting roomies in a $500,000 condo.

Asked on May 25, 2012 under Real Estate Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I can surely understand your concern. You need to look to your lease agreement with the family.  Does it state that they can not sublet with out your approval?  Then they need your approval.  Generally approval can not be unreasonably with held by you as the landlord but I think that you have a valid reason here.  Approach them and explain that you are not opposed to the sublet in theory but that there are certain minimum criteria that must be met.  Good luck.

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