(a) Unless otherwise agreed in writing, the tenant may not sublet the premises or assign the rental agreement to another without the landlord’s consent.
(b) The tenant’s right to sublease the premises or assign the rental agreement to another shall be conditioned on obtaining the landlord’s consent, which may be withheld only upon the grounds specified in (d) of this section; no further restrictions on sublease or assignment are enforceable.
(c) When the rental agreement requires the landlord’s consent for sublease or assignment, the tenant may secure one or more persons who are willing to occupy the premises. Each prospective occupant shall make a written offer signed and delivered by the prospective occupant to the landlord, containing the following information on the prospective occupant:
(1) name, age, and present address;
(2) marital status;
(3) occupation, place of employment, and name and address of employer;
(4) number of all other persons who would normally reside with the prospective occupant;
(5) two credit references, or responsible persons who will confirm the financial responsibility of the prospective occupant; and
(6) names and addresses of all landlords of the prospective occupant during the prior three years.
(d) Within 14 days after the written offer has been delivered to the landlord, the landlord may refuse consent to a sublease or assignment by a written rejection signed and delivered by the landlord to the tenant, containing one or more of the following reasonable grounds for rejecting the prospective occupant:
(1) insufficient credit standing or financial responsibility;
(2) number of persons in the household;
(3) number of persons under 18 years of age in the household;
(4) unwillingness of the prospective occupant to assume the same terms as are included in the existing rental agreement;
(5) proposed maintenance of pets;
(6) proposed commercial activity; or
(7) written information signed by a previous landlord, which shall accompany the rejection, setting out abuses of other premises occupied by the prospective occupant.
(e) In the event the written rejection fails to contain one or more grounds permitted by (d) of this section for rejecting the prospective occupant, the tenant may consider the landlord’s consent given, or at the tenant’s option may terminate the rental agreement by a written notice given without unnecessary delay to the landlord at least 30 days before the termination date specified in the notice.
(f) If the landlord does not deliver a written rejection signed by the landlord to the tenant within 14 days after a written offer has been delivered to the landlord by the tenant, the landlord’s consent to the sublease or assignment shall be conclusively presumed.
Other Sections in this Chapter:
- Sec. 34.03.010. Purpose and construction.
- Sec. 34.03.020. Terms and conditions of rental agreement.
- Sec. 34.03.030. Effect of unsigned or undelivered rental agreement.
- Sec. 34.03.040. Prohibited provisions in rental agreements.
- Sec. 34.03.050. Separation of rents and obligations to maintain property forbidden.
- Sec. 34.03.070. Security deposits and prepaid rent.
- Sec. 34.03.080. Disclosure.
- Sec. 34.03.090. Landlord to supply possession of the dwelling unit.
- Sec. 34.03.100. Landlord to maintain fit premises.
- Sec. 34.03.110. Limitation of liability. Renumbered
- Sec. 34.03.120. Tenant obligations.
- Sec. 34.03.130. Rules and regulations.
- Sec. 34.03.140. Access.
- Sec. 34.03.150. Tenant to use and occupy.
- Sec. 34.03.160. Noncompliance by the landlord: General.
- Sec. 34.03.170. Failure to deliver possession.
- Sec. 34.03.180. Wrongful failure to supply heat, water, hot water or essential services.
- Sec. 34.03.190. Landlord’s noncompliance as defense to action for possession or rent.
- Sec. 34.03.200. Fire or casualty damage.
- Sec. 34.03.210. Tenant’s remedies for landlord’s unlawful ouster, exclusion, or diminution of service.
- Sec. 34.03.220. Noncompliance with rental agreement; failure to pay rent.
- Sec. 34.03.225. Limitations on mobile home park operator’s right to terminate.
- Sec. 34.03.230. Remedies for absence, nonuse and abandonment.
- Sec. 34.03.240. Waiver of landlord’s right to terminate.
- Sec. 34.03.250. Landlord liens; distraint for rent abolished.
- Sec. 34.03.260. Disposition of abandoned property.
- Sec. 34.03.270. Remedy after termination.
- Sec. 34.03.280. Recovery of possession limited.
- Sec. 34.03.285. Service of process upon tenant.
- Sec. 34.03.290. Periodic tenancy and holdover.
- Sec. 34.03.300. Landlord and tenant remedies for abuse of access.
- Sec. 34.03.310. Retaliatory conduct prohibited.
- Sec. 34.03.320. Obligation of good faith.
- Sec. 34.03.330. Application and exclusions.
- Sec. 34.03.335. Proof of certain property damage claims.
- Sec. 34.03.340. Service of process.
- Sec. 34.03.345. Mediation and binding arbitration.
- Sec. 34.03.350. Attorney fees.
- Sec. 34.03.360. Definitions.
- Sec. 34.03.370. Applicability.
- Sec. 34.03.380. Short title.