Topic No. 155: Evictions Based On Breach of No Subletting Clause

The Rent Ordinance generally allows the landlord to evict a tenant for breach of a rental agreement or lease after the landlord gives the tenant an opportunity to cure the breach and the tenant fails to do so. However, a tenant cannot be lawfully evicted for breach of a "no subletting" clause in the lease if the landlord has unreasonably withheld consent to a replacement roommate, provided that the tenant made a written request to the landlord to sublet, the tenant continues to reside in the unit and the sublet constitutes a one-for-one replacement of the departing tenant. If the landlord fails to respond to the tenant in writing within 14 days of receipt of the tenant's request to replace a roommate, the tenant's request shall be deemed approved by the landlord and the landlord cannot evict the tenant for breach of the "no subletting" clause. The above requirements do not apply to assignment or subletting of the entire unit and do not create the right to increase the number of occupants.

June 2006