"5. ASSIGNMENT AND SUBLETTING. Tenant shall NOT assign any portion of this Agreement." No other mention of subletting in this portion of the lease. Does this mean I can sublet, but not assign?
2 Answers from Attorneys
Real Property law and landlord/tenant law is very tricky. The wording in "Agreements" must be very specific. If the document does not say you can't sublet, then you can sublet in my opinion. I would like to read the entire agreement though before making a final decision for you. Subletting and assignments are different.
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Mr. Wheeler is completely wrong. "Sublet" and "sublease" are nothing but a more specific form of "assign" and "assignment." However, you are in the special situation of being under the San Francisco Rent Control ordinances. Under the rent ordinances in the City, an absolute prohibition against assignment and subletting must be "adequately disclosed," which means it must either be clearly stated in bold faced type, or explained in an additional written document. Otherwise, the prohibition is converted into a "reasonable consent of the landlord" requirement. Without reviewing your entire lease and going over the details of what you propose to do regarding a subtenant, I cannot say whether you have a right to sublet or not, but if you follow the rules about notice to the landlord and the subtenant submits the paperwork the landlord is entitled to demand, and the subtenant meets the landlord's qualifications for renting the unit as well or better than you, then it definitely appears you and the proposed subtenant would have a right to insist that the subtenancy be accepted.
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