Q: I am a landlord in San Francisco, and my lease prohibits subletting. Can I deny a sublet request?
3 bedroom unit in SF.
1 original tenant remains, with 2 other people (subtenants?)
The original tenant wants to replace one of the other subtenants.
Lease has a strict NO ASSIGNMENT OR SUBLETTING clause, in bold and separately initialed by the original tenants.
I have allowed prior subtenants, but I wish to deny the new request.
Can I?
Screenshot of pertinent page of lease: https://postimg.org/image/861c8i9u9/ (the actual lease is signed/initialed)
A: Yes. The fact that you may have violated the lease before does not establish a binding precedent. Usually leases provide for the landlord to have the option of accepting or not, and many also have a provision stating that the waiver of one provision does not establish the right to a continued waiver or the waiver of another provision. Your provision does not really provide for the exercise of discretion. The alternate provision does, but you do not have to rely on that one, which might get you into a discussion with you tenant as to the reasons. No -- just point to the clause, and tell him you do not intend to violate it.
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