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Can a Landlord Ignore or Refuse my Request to Sublet in Massachusetts?


Massachusetts Legal Help offers advice on what to do if your landlord won't consent to a sublet. The site acknowledges that proceeding to sublet without written permission is running the risk of eviction and offers two suggestions for how to proceed:

Check your landlord's preference

Often, the landlord is unaware of what the lease says, and, in many cases, does not care who is in the apartment as long as the rent comes in on time. If that is the case, you may decide to sublet the apartment and have a subtenant pay you the rent while you continue to pay the landlord directly. If the landlord does not find out about this arrangement until you move back in, she may just let it go.

Get your subtenant to pay rent directly

Another option is to have the subtenant pay the landlord directly and to inform the landlord of the sublet arrangement when the subtenant first pays rent. If a landlord accepts a rent check from a subtenant without writing on the check "for use and occupancy only," the landlord cannot deny the subtenant the use of the apartment.

The information provided on this website does not, and is not intended to, constitute legal advice.