ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Tenants

How is one tenant replaced by another?

Under the common law, if there is no written lease, the tenant has the unrestricted right to transfer the leasehold to anyone else. A written lease will undoubtedly contain a provision giving the landlord the right of approval over prospective replacement tenants. Whether the landlord is acting reasonably in approving or disapproving of the replacement tenant can be an issue.