Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am trying to sublet my apartment because I will not be able to move in. I signed the lease in February and told them in April I would not be able to move in (the lease does not begin until August). They then told me it wasn't their problem and that it would be my responsibility to find a sublet and that they will not help in any way to find anyone. In my lease it states that there is a reletting charge because, "There is no early termination clause in this Lease Agreement. You will be liable for a reletting charge of equal to 85% of the highest monthly rent during the lease term... The reletting charge is not a cancellation fee and does not release you from your obligations under the lease. ... It is an agreed-to liquidated amount covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement." So here are they not telling me that I will need to pay a fee because THEY are losing time and money trying to find ME someone else to sublease too? But then in the next clause it tells me that I cannot assign the Lease Contract or sublet the apartment or any portion w/o their written consent and in all caps they state, "WE ARE NOT RESPONSIBLE FOR FINDING YOU A SUBRESIDENT OR ASSIGNEE." So what I do not understand is how can they charge me a reletting fee when in the lease it says they are wasting their time and money looking for a replacement for me, when in reality they are not doing anything to find someone else and that it is my responsibility to find a sublet. Aren't they just contradicting themselves by doing this? Would I have to pay this reletting fee if I found someone to move in on my own and it does not interfere with payment of the apartment?
Suggest you ask them as it does seem contradictory. I would strongly urge you that, if you do have the option, you just extricate yourself from the lease period. Subletting is not a good agreement to get into as you remain totally responsible for the sublessee adhering to all the lease terms. If they default in any way, the onus is entirely upon you to remedy.
Moreover (and even more importantly) these LLs can't legally sit on their butts and NOT attempt to re-rent the place, despite what the lease says. They were given ample notice of your inability to move in and certainly in three months they should have been advertising the place and, had they done so, would likely have found a new tenant by now. It's called, "mitigating damages".
If I were you (and, frankly, I would have done this a long time ago) I would have paid them the 85% of a month's rent and let them pound sand for anything else. I presume you advised them in writing of your inability to honor the lease? Did you give them a security deposit or any rent money? Although a security deposit is NOT considered rent, that security deposit would likely cover that 85% and you could let them keep that.
You've really let this go rather a long time but no judge is likely to uphold their position and demands when you gave them at least 3 months notice. You might want to contact Legal Aid in your area or get a quick consultation with a competent real estate attorney. Good luck!
Suggest you ask them as it does seem contradictory. I would strongly urge you that, if you do have the option, you just extricate yourself from the lease period. Subletting is not a good agreement to get into as you remain totally responsible for the sublessee adhering to all the lease terms. If they default in any way, the onus is entirely upon you to remedy.
Moreover (and even more importantly) these LLs can't legally sit on their butts and NOT attempt to re-rent the place, despite what the lease says. They were given ample notice of your inability to move in and certainly in three months they should have been advertising the place and, had they done so, would likely have found a new tenant by now. It's called, "mitigating damages".
If I were you (and, frankly, I would have done this a long time ago) I would have paid them the 85% of a month's rent and let them pound sand for anything else. I presume you advised them in writing of your inability to honor the lease? Did you give them a security deposit or any rent money? Although a security deposit is NOT considered rent, that security deposit would likely cover that 85% and you could let them keep that.
You've really let this go rather a long time but no judge is likely to uphold their position and demands when you gave them at least 3 months notice. You might want to contact Legal Aid in your area or get a quick consultation with a competent real estate attorney. Good luck!
But they told me that the lease is binding and even if I paid the 85% I am still the legal lease holder. Which makes no sense to me.
Call and make an appointment to go talk to them in person and get this straightened out, explained, to you. Whatever they say in the meeting, take notes and follow the meeting with a letter summarizing their explanation.
Call and make an appointment to go talk to them in person and get this straightened out, explained, to you. Whatever they say in the meeting, take notes and follow the meeting with a letter summarizing their explanation.
I would do that, but I can't because my lease is Tempe, AZ & I am in CA.
It's pretty clear, although poorly written. There is no termination of your lease early. If your subletter does not pay the rent, you're responsible for it. In addition, they are charging you for processing a subletter. That could be a credit check, etc. Finding--who's going to show them the apartment? The landlord is--that is "finding."
You signed the lease (contract) and presumably agreed to the terms. Contracts are negotiable. You didn't negotiate.
I live in a college town--this clause is very common in here--original tenant remains responsible for the term of the lease--even if it's sublet.
I still maintain that seeking some sort of legal counsel is key here since the OP told the LLs in April that he wouldn't be able to move in come August. OP, you didn't answer my questions relative to any security deposit or rental payment, nor how you advised them that you weren't going to be able to fulfill the contract. This is the sort of information/documentation an attorney will need to see.
I still maintain that seeking some sort of legal counsel is key here since the OP told the LLs in April that he wouldn't be able to move in come August. OP, you didn't answer my questions relative to any security deposit or rental payment, nor how you advised them that you weren't going to be able to fulfill the contract. This is the sort of information/documentation an attorney will need to see.
I wouldn't be able to meet with an attorney though because I am in California now.
There was a security deposit of only $250 and my rent each month is $690 so I'd still owe a bit.
I also only called to tell them multiple times I would not be able to move in.
So I'm kind of screwed there. I had no idea I had to write a letter.
I wouldn't be able to meet with an attorney though because I am in California now.
I believe there are plenty of attorneys in CA. You don't need an attorney from AZ to guide you.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
