Sublease Property Agreement Without Landlord's Permission In Arizona
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If your tenancy doesn't have a fixed end date you'll need your landlord's permission to sublet your whole home. If they say no, they don't have to give you a reason. If there's a fixed end date for your tenancy, you're allowed to sublet your whole home.
Arizona law (ARS § 33-1378) indicates that: “A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy.
Under the law a landlord cannot unreasonably withhold the right to sublet. However, the landlord can refuse to sublet with good reason. For instance, if the proposed tenant has a poor credit history, is unemployed, etc. the landlord could refuse to sublet.
Here are some questions to ask a potential subletter: Where are you employed, and what is your monthly after-tax income? Why are you seeking short-term housing? How many people will be living in the apartment? Any children? Any pets? Do you plan on having any social events or guests staying at the apartment?
Arizona law doesn't provide specific guidelines on subleasing for general residential properties. Instead, it largely depends on the original lease. If the lease allows subleasing or doesn't mention it at all, tenants can proceed with a sublease after getting written approval from their landlord.
Landlords restrict subletting because they want control of who's in their properties. You wanna sublet so you can get out of a lease, so your standards are somewhat reduced. You might not care about security of the place, you might not care about the subletters background, he has a lease with you not the landlord.
So first, in NYC a landlord cannot unreasonably deny a request to sublet. You must submit a written request at least 30 days in advance, and it must include things like who you'll be subletting to, why you're wanting to sublet, where you'll be during this period, etc...
Remember when subletting that you are responsible for the monthly payments until your lease expires as the original tenant with a legally binding lease agreement in place. With this in mind, make sure that the arrangements you put in place—whether an assignment or you're subletting—are legally sound.
If you sublet your home when you're not allowed to, your landlord is likely to take action to evict you.
Detriments The original tenant can only provide rights to your company they have in their lease. You may not be able to secure rights to extend the lease term beyond the existing term. Since the original tenant is not in the landlord business, they may not be willing to offer an adequate tenant improvement allowance.