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My husband and I have been in our apartment fro 2 months, and signed a 1 year lease UGH! We have all of a sudden come up on a house we are going to buy. I put an ad online to find a renter since my contract states : replacing a resident, subletting, is allowed when we consent and then goes on to say renter must pass criminal background check and credit check. I went in today and asked them if they would allow it, one person told me absolutely not we have never offered a such thing, I said well my contract I signed said you do allow it if you consent. She then got all huffy and said well the manager isn't in today she will be back in tomorrow and you will have to talk to her. We have found a qualified renter that wants to move in n 2 weeks, which is when we want to move out. It would really make the best sense if they would allow us to do this. If we leave they get $2200. If they allow us to have a replacement they get $5600 for the rest of the rent that is owed through the year. I just am worried that they will not even think about it and say NO we don't allow that, when it says in my contract they do allow it they just have to consent to it. They should at least give it some thought. My husband and I really really need out of our lease so we can have the house we can't afford a rent and a mortgage. I have tried to explain this to them and they were really snotty with me. Our lease so far has not been a very good experience, we have to wait 2 weeks for a water leak to get fixed and another 2 weeks for a working microwave. They have come in our apartment multiple times to "take a look around" even after we requested they be sure we are home since we have a dog and valuables. they say they do not have to have permission even though in out contract it says the only reason they can enter without notice is if they believe we are dealing drugs, or there is an emergency. which there has not been either. We HATE living here, I have tried my best to be as nice as possible with these people and am still trying hoping to "kill them with kindness." Any advice ? Thank you!
My husband and I have been in our apartment fro 2 months, and signed a 1 year lease UGH! We have all of a sudden come up on a house we are going to buy. I put an ad online to find a renter since my contract states : replacing a resident, subletting,is allowedwhen weconsent and then goes on to say renter must pass criminal background check and credit check. I went in today and asked them if they would allow it, one person told me absolutely not we have never offered a such thing, I said well my contract I signed said you do allow it if you consent. She then got all huffy and said well the manager isn't in today she will be back in tomorrow and you will have to talk to her. We have found a qualified renter that wants to move in n 2 weeks, which is when we want to move out. It would really make the best sense if they would allow us to do this. If we leave they get $2200. If they allow us to have a replacement they get $5600 for the rest of the rent that is owed through the year. I just am worried that they will not even think about it and say NO we don't allow that, when it says in my contract they do allow it they just have to consent to it. They should at least give it some thought. My husband and I really really need out of our lease so we can have the house we can't afford a rent and a mortgage. I have tried to explain this to them and they were really snotty with me. Our lease so far has not been a very good experience, we have to wait 2 weeks for a water leak to get fixed and another 2 weeks for a working microwave. They have come in our apartment multiple times to "take a look around" even after we requested they be sure we are home since we have a dog and valuables. they say they do not have to have permission even though in out contract it says the only reason they can enter without notice is if they believe we are dealing drugs, or there is an emergency. which there has not been either. We HATE living here, I have tried my best to be as nice as possible with these people and am still trying hoping to "kill them with kindness." Any advice ? Thank you!
You already got your answer. They said no.
They dont' have to agree to let you do this..read the bolded again and if you're still confused, keep reading it until you finally understand that they said NO.
You can break your lease and move...read the portion regarding early termination.
You say, "We have found a qualified renter that wants to move in n 2 weeks, which is when we want to move out." If a sublease agreement is entered into with the permission of the landlord, your opinion means nothing when it comes to choosing or qualifying a suitable subtenant. This is entirely at the discretion of the landlord.
One thing you need to understand is that if you do enter into a sublease agreement with the permission of your landlord, you remain responsible for the lease in its entirety. If the tenant defaults on the lease or causes any damage to the premises, the onus is entirely upon you for the duration of the lease term. Give that some thought. It's not a good position to be in. If you have an early termination clause in your lease this would serve you much better. If there is no early termination clause your best option is to sit down quietly and politely with the property manager and see if you can reach a compromise which suits both parties.
The reality is that you signed a legally binding contract so best to tread gently. Good luck.
Your state landlord tenant laws are probably linked in the first "sticky" on this forum. Your problems in the apartment within the first two months should also give you pause as far as subletting is concerned. I do think your issues with the place have more to do with the fact that you've found a house you want to purchase than anything else but, if you're having these sorts of problems, you have no reason to suspect that any subtenant is going to have it any easier. More reason not to sublet and remain on the hook.
You asked some low level clerk who doesn't have any authority to authorize it. Take her advice and talk to the manager, who does have the authority to authorize it.
Why you would want to sublet is beyond me, because when you sublet, you are still personally responsible for all rent and for all damage. So, you are hoping to allow someone into your apartment without screening them and just cross your fingers and hope they follow the rules, pay the rent on time, don't get themselves evicted (which will go onto your permanent record that you got evicted), and don't do any damage (that you will be responsible to pay for).
It's not apartment management's job to help you out with your finances, so no, they are not going to let you out of your lease so that you can afford to buy a house. If you want the house, I suggest that you try to buy yourself out of the lease instead of subletting.
Read your state tenancy laws. Start putting everything in writing since talking to them doesn't seem to be working.
Are they giving you notice before entering your apartment?
They gave us notice the very 1st time, after that no. The most recent was their loan holder wanted to come in and look at all apartments. I told them I didn't want anyone here since no one would be home and we have a dog, and they said it would be best if no one is home and they would deal with our dog. I feel like they are abusing our rights.
I never asked them to help with finances, seems to me 80% of people on the form are not helpful and are just judgmental. I asked to speak with the manager. I have been waiting now for 2 days to speak with the manager as she has "not been in" even though when I call she is in but when I go to the office she is mysteriously "gone".
They gave us notice the very 1st time, after that no. The most recent was their loan holder wanted to come in and look at all apartments. I told them I didn't want anyone here since no one would be home and we have a dog, and they said it would be best if no one is home and they would deal with our dog. I feel like they are abusing our rights.
If you take the time to read your state's landlord tenant laws as suggested earlier you will see that legally the LL is required to give you (in most states) 24 hour notice of intent to enter the premises unless in case of emergency. You can mediate this to a certain extent.
Quote:
Originally Posted by Furiousrenter
I never asked them to help with finances, seems to me 80% of people on the form are not helpful and are just judgmental. I asked to speak with the manager. I have been waiting now for 2 days to speak with the manager as she has "not been in" even though when I call she is in but when I go to the office she is mysteriously "gone".
A large percentage of the regular contributors to this forum (and to your dilemma) have many relevant years of experience under their belts which is precisely why they answer questions posed here. You've asked a question and people are taking the time to respond to you. The fact that you may not care for the answers being given is irrelevant and no cause for you to take defensive umbrage and take a stance which is rather insulting.
You have an address for the property management company. These issues should be addressed in writing and you would have known this if you'd bothered to read your state laws and opened up your ears to the responses you've garnered here thus far. But if you know better then deal with the problem as you see fit. It's that simple. Good luck.
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