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1) You must inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting
. Your request must contain the following:
-the term of the sublease
-the name of the proposed sublessee
-the business and permanent home address of the proposed sublessee
-the reason for the sublet request
-your address for the term of the sublease
-written consent from any co-tenant or guarantor on the lease
a copy of the proposed sublease (along with a copy of your lease, if available) acknowledged by the tenant and subtenant as a true copy of the sublease
The landlord has ten days to ask for additional information which you must provide so long as the request is not unduly burdensome. If the landlord fails to respond to the sublet request within 30 days, then a failure to respond is deemed consent. If the landlord unreasonably withholds consent the tenant may proceed with the sublet. If the owner commences a legal action challenging the sublet and the tenant prevails in demonstrating that the withholding of approval was unreasonable or that the landlord acted in bad faith, the tenant may recover his or her attorney's fees.
The owner is also entitled to charge you a sublet allowance (10% in recent years, but click here for the current rent guidelines) effective with the commencement of the sublet, and which is rescinded once the subtenancy ends and the prime tenant returns. You may pass this sublet allowance along to the subtenant plus up to an additional 10% (at the prime tenant's discretion) if the unit is furnished
2) See above. Generally, thirty days.
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