Updated on

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


Under New Jersey law, unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet.

Reasonable Refusal

In New Jersey, an applicant can only be reasonably refused if it can be proven that they would put the landlord's business at risk. If there is no evidence that the subtenant would have the ability to pay the rent reliably then there are grounds for reasonable refusal.

Unreasonable Refusal

Ringwood Assocs., Ltd. v. Jack's of Route 23, Inc. states that reasonable consent clauses are for the protection of the landlord in its ownership and operation of the particular property - not for their general economic protection. This means that the landlord cannot refuse your sublet request just because they don't want to let you sublet. Unless your proposed subtenant poses a direct threat to the landlord's business, your request must be approved.

Also, The Federal Fair Housing Act and the New Jersey Fair Housing Act prohibit discrimination on the basis of race, color, creed, religion, national origin, ancestry, sex, disability, familial status or marital status. A landlord cannot refuse to rent or negotiate different terms based on these characteristics.

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