question about subletting

[ajl26]

Originally Posted by Babytarheelz

As far as getting out of your lease, yes, definitely be up front and honest with them. They likely won't just let you out of your lease, but you will have the option of going ahead and moving out and allowing them to attempt to re-rent the unit. Once a new party moves in, you're off the hook. I think it's definitely the safest way to go.

Thanks. It's actually a large-ish apartment community, so I guess it's possible there are multiple rooms available already. And thus, I suppose they'd have incentive to rent out my room last (since they're all similar), so that they could keep me on the hook. Not that they're cruel, just that, why wouldn't they do it that way.

What would happen if I can't pay? If the months pile up, would that eventually go down as an eviction? (Or not, because I'd have gone through the moveout process?) Would it ruin my credit?

Yep, you can usually have 2 adults as leaseholders on a one bedroom apartment. But, as Virgode said, the apartment is still your responsibility. So if they decide not to pay rent, it's on you. If they decide to break any other clauses of the lease, it's on you. It's very risky to trust your entire rental history that will affect your future housing needs with another person who has no vested interest in your wellbeing.

The other person on the lease would also be responsible for the damages, right? I know what you're saying -- it doesn't matter if they break something, I'm on the lease. But they'd at least have the incentive of knowing they were on it too, right?

Thanks for your help.

[Babytarheelz]

Thanks. It's actually a large-ish apartment community, so I guess it's possible there are multiple rooms available already. And thus, I suppose they'd have incentive to rent out my room last (since they're all similar), so that they could keep me on the hook. Not that they're cruel, just that, why wouldn't they do it that way.

You're right, that's exactly how they'll do it. Nothing against you and your situation, but it only makes sense that they need to rent the units that are currently available first. They weren't planning on having yours yet, so they're being put in a bad position having to add another vacant unit to their availability that wasn't planned for.

What would happen if I can't pay? If the months pile up, would that eventually go down as an eviction? (Or not, because I'd have gone through the moveout process?) Would it ruin my credit?

A large apartment community won't let months pile up before filing. They'll file the first chance they're allowed by law. In my state, that's the 11th day after non-payment. Once the file, that will remain on your record for 10 years. You definitely don't want that! To go through the entire process takes about 60 days, and at the end you'll have not only a filing, but a possession judgement and probably money judgement as well. Depending on your state, your wages can be garnished for the money judgement or it can be taken from personal assets. Again, you don't want any of that. You'll have such a tough time finding housing for the next 10 years. And yes, it will ruin your credit too.

The other person on the lease would also be responsible for the damages, right? I know what you're saying -- it doesn't matter if they break something, I'm on the lease. But they'd at least have the incentive of knowing they were on it too, right?

If they're a responsible person with the means, then yes, they have an incentive and would likely keep up their end of the deal. But if you get someone who is irresponsible, doesn't care, or comes into financial hardship, all that goes out the window.

[DaniellaG]

If I were you I would go to the company and ask if you can do a lease transfer if you find someone who meets their requirements with credit/finance. Then you would be taken off the lease and that person would be put on. I did that and found someone on craigslist. Then I did not have to worry. With the economy and jobs the way they are even people who have a good history sometimes loose their job and then what? You don't want problems or bad credit.I have always heard that if you are allowed by a place to sublet which many you are not but if so that you are responsible still if the person renting from you does not pay or damages. I'm not sure how long the eviction process takes but the fees they can add on when one does not pay on time is unreal.

[ajl26]

Originally Posted by Babytarheelz

A large apartment community won't let months pile up before filing. They'll file the first chance they're allowed by law. In my state, that's the 11th day after non-payment. Once the file, that will remain on your record for 10 years. You definitely don't want that! To go through the entire process takes about 60 days, and at the end you'll have not only a filing, but a possession judgement and probably money judgement as well. Depending on your state, your wages can be garnished for the money judgement or it can be taken from personal assets. Again, you don't want any of that. You'll have such a tough time finding housing for the next 10 years. And yes, it will ruin your credit too.

So let me make sure I'm following you... even if I go to them and go through the moveout process, they would file an eviction claim if I'm not able to pay?

haha

[Babytarheelz]

No, that's only if you haven't gone through the move out process. If you go through the move out process and turn in your keys, they'll first apply your security deposit to the rent owed on the account. They'll then charge you monthly until the apartment is re-rented. Once it is, you'll get a bill and likely have 30 days to pay it. If you don't, they'll either take you to small claims court or send you to a collection agency. Every community differs in how they handle delinquent accounts. Neither is good and both will have a negative impact on your credit.

Now, keep in mind that if you do stay there and not pay on the day rent is due, even if you have plans to move out in a few days or weeks from there, you'll get filed on. Even if they know your situation and know that you're leaving, they still have to cover their butts and file, just in case your plans change, they need to have the ball rolling. That's what you don't want. So if you're planning on moving out, definitely do so before the next rental period that you don't plan on paying begins.

[Babytarheelz]

I forgot to add, be sure to give them the amount of notice your lease requires, probably either 30 or 60 days. That is time that you're responsible for no matter what and the landlord can charge that back to you as an insufficient notice fee if you don't give proper notice, even if they move someone in the next day.

[ajl26]

Originally Posted by Babytarheelz

No, that's only if you haven't gone through the move out process. If you go through the move out process and turn in your keys, they'll first apply your security deposit to the rent owed on the account. They'll then charge you monthly until the apartment is re-rented. Once it is, you'll get a bill and likely have 30 days to pay it. If you don't, they'll either take you to small claims court or send you to a collection agency. Every community differs in how they handle delinquent accounts. Neither is good and both will have a negative impact on your credit.

Now, keep in mind that if you do stay there and not pay on the day rent is due, even if you have plans to move out in a few days or weeks from there, you'll get filed on. Even if they know your situation and know that you're leaving, they still have to cover their butts and file, just in case your plans change, they need to have the ball rolling. That's what you don't want. So if you're planning on moving out, definitely do so before the next rental period that you don't plan on paying begins.

whew, OK, thanks for your clarification. Ya, neither would be good, but I'd definitely rather avoid the eviction process.

[mike8290]

Originally Posted by ajl26

I don't see anywhere on my lease where it says anything about subletting (one way or the other). Does this mean that I'm allowed to do it, or would it have to specify that I am allowed in order for that to be so?

The reason I don't just ask my property managers is because... well, I see it as kind of like asking for a day off if you were willing to call in sick. I'd maybe rather not tip them off to anything. Which leads to my next question:

If I'm not allowed to sublet, is it a bad idea to try?

I know it is not an honorable thing to do, and I would hate to have to do something I'm not supposed to. But I am in a real jam, and have no use for my apartment for a few months, and really can't afford to toss a month's rent down the tubes. So I am really looking for just practical advice. To me it seems like there's no reason why I couldn't ask a friend to house sit for a little while. So the difference between that and "subletting" seems pretty arbitrary, and it seems unlikely anyone would know/care. But of course, I may well be missing something.

It is a relatively large apartment community, fwiw.

Thanks in advance for any help. Would really appreciate some insight on this.

Well in most cities residential leases on properties that fall under rent stabilization laws may be ended with a 30 day notice. You must vacate the premises within 30 days.
You are, of course, responsible for all rent until the unit is retenated or until the date that the lease would have ended had you not broken it.
Find an apartment that's month to month. There are plenty of them.

[movingsomewherenew]

does anyone know what the risks are for having a one bedroom apartment with two adults on the lease and having a third person, paying rent and crashing on the couch for a few months?

[DowntownVentura]

It may be helpful if you revealed which state this is. Almost everything you are talking about is governed by state law. If you are in a rent controlled/stabilized district, that would be helpful too.