Q: We are moving out and my landlord won't let us sublet because she's now selling. Is this allowed?
Our lease says that subletting must be approved by the landlord, but approval cannot be unreasonably withheld. Would her not allowing us to sublet because she's going to sell be unreasonable? Specifically, she is stating that we can't explore the option of subletting.
A:
Unfortunately, there is no quick or inexpensive answer.
Whether or not the landlord's position is reasonable would, in large part, depend upon how the landlord and her buyer feel about the character and credit-standing of your potential tenant, assuming one has been identified. Furthermore, in order to get a definitive answer to your question, you would have to sue the landlord in a declaratory judgment action to get a court's determination as to whether she is or is not being reasonable. It is possible that, once she is sued, she would change her mind, but it is possible that she wouldn't. Depending on the length of your lease and the rent you are obligated for, such a suit might well not be cost-justified.
You would need to consult a lawyer to explore all this.
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