Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If a rental agreement was signed by a person subleasing a room without the written or knowledge of the landlord is the lease still valid.

Answer: There is no firm rule about this that always applies in each situation. If the original rental agreement between the landlord and the tenant says that the tenant may not sublet the dwelling or may only sublet the dwelling with the landlord’s permission, then any agreement between the tenant and a subtenant will not be a valid conveyance of the right to occupy the dwelling. However, if the original rental agreement between the landlord and the tenant is silent on the subject of the tenant’s right to sublet, then an agreement between the tenant and a subtenant could be valid. Tenants are always advised to obtain their landlord’s written approval before entering into a sublease. If you would like legal advice about your specific situation, then you should speak with an attorney.