Landlords, whether commercial or residential, should include in their written lease agreements, the covenant requiring a tenant or lessee to obtain a landlord’s express written consent before a sublease. Often times, this provision and operation is overlooked by landlords because the rent continues to be paid. However, without the express written consent of the landlord, a sublease would constitute a breach. See Boston Properties v. Pirelli Tire Corp., (1982) 134 Cal. App. 3d 985, 992. The question our Los Angeles Eviction Attorneys are often faced with is whether the landlord, with knowledge of the unauthorized sublease, but without written consent, would nevertheless be held to have waived the express covenant in the lease. Particularly, this issue may be problematic for landlords of residential leases subject to rent control rules which limit an eviction to “for cause” reasons (i.e., failure to pay rent.)
A waiver defense would be brought by the tenant subletting in an eviction trial and a factual finding could be made as to a waiver by the landlord with respect to the subletting tenant he/she had knowledge of. Subsequent unauthorized tenants would again need the express written consent of the landlord. Essentially, a landlord waiving his/her right to expressly approve a sublease once, does not discharge the express covenant in the lease going forward.
If you have a landlord tenant dispute, talk to one of our Los Angeles Eviction Attorneys today.