The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Sublet Q (Landlord's Consent)
| Insanely Creepy Chapel | 02/11/16 |
| Awkward spectacular immigrant | 02/11/16 |
| Insanely Creepy Chapel | 02/11/16 |
| Awkward spectacular immigrant | 02/11/16 |
| Doobsian Crackhouse Macaca | 02/11/16 |
| Insanely Creepy Chapel | 02/11/16 |
| Doobsian Crackhouse Macaca | 02/11/16 |
| Insanely Creepy Chapel | 02/11/16 |
| Doobsian Crackhouse Macaca | 02/11/16 |
| Insanely Creepy Chapel | 02/11/16 |
Poast new message in this thread
Date: February 11th, 2016 5:58 PM Author: Insanely Creepy Chapel facts: 4 bedroom apartment near a university. apartment privately owned and isn't university housing or anything, but the owner markets the apartment for grad students.
all residents are grad students at the university. each person has an individual lease with the landlord. no separate roommate agreement between the roommates.
one resident wants to sublet his room. lease says LL must consent to sublets, but consent cannot be unreasonably withheld.
lease says nothing that sublessors must be grad students at the university, or that the resident must be a student in the first place.
it's a weird time to find a graduate student to sublet mid-semester. resident might try to sublet to a non-student. could the landlord refuse to consent to the sublet w a non-student? |
Date: February 11th, 2016 6:02 PM Author: Awkward spectacular immigrant now I ain't no big city lawyer, but to me it seems obvious that "reasonable" is not defined by the contract, and that to dispute its definition in front of a court would probably take more time and effort than would be worth it for you
practically speaking, "reasonable" means whatever the landlord says it means, and if your landlord is smart he just cares that whoever you sublease to is reliable |
 |
Date: February 11th, 2016 6:05 PM Author: Insanely Creepy Chapel landlord might find a non-student unreliable bc they're less stable than a student who isn't going to be moving or getting fired from a job and is just taking out loans to pay for the apartment.
also, the roommates might cause a shitfit if a non-student tries to live there, and the landlord might not consent bc the roommates are angry. |
|
Date: February 11th, 2016 6:11 PM Author: Awkward spectacular immigrant I'm sure the landlord would raise these points if a dispute over the "reasonable" clause actually made it to court. My point is, it ain't gonna get to court so the legal interpretation of the contract is irrelevant. (http://www.autoadmit.com/thread.php?thread_id=3126937&forum_id=2#29806967) |
|
Date: February 11th, 2016 6:12 PM Author: Doobsian Crackhouse Macaca titcr. basically, is it worth it to contest this in court? It really means whatever the fuck the landlord wants. (http://www.autoadmit.com/thread.php?thread_id=3126937&forum_id=2#29806978) |
|
Date: February 11th, 2016 6:16 PM Author: Insanely Creepy Chapel how is it whatever the fuck the LL wants? if they deny consent, just do move out and say go ahead and sue me for the rent. THEY would be contesting it in court. (http://www.autoadmit.com/thread.php?thread_id=3126937&forum_id=2#29807002) |
|
Date: February 11th, 2016 6:22 PM Author: Doobsian Crackhouse Macaca they'd still have a better lawsuit than your roommate, and your roommate would still have to defend. (http://www.autoadmit.com/thread.php?thread_id=3126937&forum_id=2#29807039) |
|
Date: February 11th, 2016 6:26 PM Author: Insanely Creepy Chapel so the Q is what is a judge going to do with this contract, and everyone ITT is retarded for saying it cant literally ever get to court. (http://www.autoadmit.com/thread.php?thread_id=3126937&forum_id=2#29807056) |
|
Date: February 11th, 2016 6:34 PM Author: Doobsian Crackhouse Macaca depends on the judge, and possibly state law. landlord consent is pretty subjective. Landlords have a duty to mitigate if a tenant leaves, but they are still allowed to have standards. Your roommate would still be breaking the lease if he moved out. (http://www.autoadmit.com/thread.php?thread_id=3126937&forum_id=2#29807122) |
|
Date: February 11th, 2016 6:40 PM Author: Insanely Creepy Chapel duty to mitigate is a separate legal concept than withholding consent, but wonder if it'd be the same analysis. (http://www.autoadmit.com/thread.php?thread_id=3126937&forum_id=2#29807151) |