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subletting to my brother

Posted by confused on April 17, 1999 at 15:22:35:

Please help. I am trying to sublet my apartment to my brother while I attend business school for the next 2 years. As my lease says my signature includes immediate family, I asked my landlord if I needed to go through the formal process, or if it was okay for him to just live there while I attend school in another city.

The landlord treated this as a formal request to sublease and rejected it on the grounds that the proper information wasn't supplied and directed me to their law firm. After speaking with their lawyer, I went item by item through the requirements in Section 226b- amended as instructed, providing them with the term of sublease, name and business and home addresses of the sublessee, my reason for subletting, my address during the sublet, there are no co-signers or guarantors, and a copy of the sublease and my lease with my brother's signature that he's reviewed and agreed to both. I plan to pass only the rent I pay on to my brother, he'll give me a security deposit equal to a month's rent.

As proof of coming back, I supplied whatever I could - from my business school acceptance letter and calendar (to show when I'd get out and return) to the fact that I am leaving major furniture in the apartment - couch, wall unit, bed, dresser, nighttables, etc.

Now I've gotten a letter back from them saying I didn't provide all the necessary information. They have enclosed a questionnaire which asks for both my and my subtenant's full financials - annual incom and expenses. I can understand why they want mine - which they already have and approved to give me the apartment, but why do they need to check his if the rent is ultimately my responsibility anyway ?(he just got out of business school and has started his own business, so has heavy loans and I'm afraid he wouldn't pass their muster - but my parents would cover him if he couldn't pay, so I'm not worried

Also, the letter from the law firm tells me to "not introduce anyone into the premises other than the prime tenant, or the prime tenant's immediate family, until you have received the landlord's written permission."

Which brings me back to my original question - do I need to be going through this hassle at all - isn't my brother considered immediate family?

Any suggestions very welcome - please email me at
thank you

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