questions & answers

Question: I have a signed lease agreement with two other undergrad college students. One has vacated the property and has requested that the Landlord approve a sub-lease. There is a modification clause stating that all party's must approve in writing any changes to the lease. Can the other roommate and the Landlord move anyone they want into the residence without the approval of the other two that are remaining? There is a sub-lease clause as well stating that a sub-lease may be granted with the approval of the Landlord.

Answer: As a general rule, the specific terms and conditions expressly included in a rental agreement determine what the particular rights and responsibilities of the landlord and each tenant are (A.R.S. 33-1314) because a rental agreement is a kind of contract. However, without knowing the precise language of the modification and sublease clauses within your original lease, it is impossible to say which would prevail if the matter were taken to court, but, again as a general rule, a clause that binds all parties usually bests a clause that only binds one party.