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I found out last month that my work is relocating out of state the 1st week of August, and although I was aware...I hadn't quite made the decision to move until this week.
I had been 'testing the waters' and seeking out online renters to take over the lease for the remainder 5 months. I had gotten a very good offer from a guy who met all critria, along with several other offers about taking over the lease, and me move out permanently.
Well, I skip on down to leasing manager office and she says the apartment company wont allow subleasing I told her, that in the lease it states that subletting is allowed provided that they meet the criteria. She then says, "thats just a state lease, but our company doesn't allow it".
I dont understand. I cant stay here. You have a renter coming with income and qualifications to stay the duration. He's even willing to pay the months rent upfront + application fee. And the apartment going to tell me I cant? Why in the sandhill not? And then, she got nasty with me and said, "and if we catch you putting someone else in there it will be an unlawful let and you'll be in violation and can get in even bigger trouble".
I feel thats evil. Evil, evil, evil. Because the lease says nothing about not allowing sublet. They should have that more clearly, not just have some printed state lease saying we could. I personally feel its trapping me here because if I stay here, I'll have to find more work and possibly work for much less than where my job is moving. So its like, Im damned either way because I wont be able to afford living here once they move, and if I move they going to try and throw it on my credit
I think Im just going to stay away from these big corporate apartments because they make rules about every little thing! Has anyone been in this situation? I just dont know what to do now. I even told the manager that when I originally moved to this place, I NEVER wanted a 12 month lease anyhow because I had a feeling that we'd have to relocate sooner than the lease is up. But I was desperate at the time to find something and had driven 5 hours with car filled with everything I had so couldn't just turn it down. I was yelling at her that I really dont have a choice and they need to find a way around their corporate rules and make a compromise. Nobody is trying to take anything from them!
Argh, it'll be my 3rd lawsuit this year! I have a hit and run Im still trying to get paid from, a false arrest, and now this? Its why I want to leave this state also, too much going on in a short period of time makes it impossible for me to enjoy quality of life here.
The lease in #30 states that: replacing a resident, subletting, or assignment is allowed only we consent in writing. If departing or remaining resident s find a replacement resident aceptable to us before moving out and we expressly consent to the replacement, subletting, or assignment, then:
1) a reletting charge will not be due 2) a reasonable paperwork fee will be due 3) departing and remaining residents will remain liable for all lease contract obligations.
Procedure for replacement: 1) If we approve replacement resident, then, at our option: resident must sign this lease 2) replacement resident must sign an entirely new lease contract. security deposit will transfer. Will remain liable for the remainder of the original lease contract term unless we agree otherwise in writing, even if a new lease is signed.
I summed it up on some words, but thats what its saying verbatim.
Cancel the lawsuit if that is anywhere close to the text in your lease. It does qualify that you can sublet IF THEY CONSENT IN WRITING. They have not consented. There is no obligation in the lease for them to consent. An attorney will do no good. The best an attorney could even attempt is a little legal intimidation trying to show they acted in "bad faith" based on the verbal comments contradicting the lease-but any claim based on verbal comments especially without a witness is exceptionally hard to prove. And while rental laws vary from state to state, I doubt there is any statutory basis (which would override the lease if the lease was not in compliance with the law) that requires a landlord consent to subletting. Sorry.
Ivan is 100% correct. That wording says you can sublet only with permission and they are not giving it. What you can do is this: give notice and break the lease. They CAN hold you responsible for the remainder of the lease and sue you for it but they also have to show they made a good faith effort to re-rent/re-lease the apt. Since you have someone willing to rent that apt, you can then disprove anything more than a 1 month charge for "getting it ready".
BUT, I'm not a lawyer, so check with one first - or get a lawyer referral from your local bar association. They have a very minimum 1/2 hr initial consultation with someone who specializes in this area of law. It would be worth your time and money.
Cancel the lawsuit if that is anywhere close to the text in your lease. It does qualify that you can sublet IF THEY CONSENT IN WRITING. They have not consented. There is no obligation in the lease for them to consent. An attorney will do no good. The best an attorney could even attempt is a little legal intimidation trying to show they acted in "bad faith" based on the verbal comments contradicting the lease-but any claim based on verbal comments especially without a witness is exceptionally hard to prove. And while rental laws vary from state to state, I doubt there is any statutory basis (which would override the lease if the lease was not in compliance with the law) that requires a landlord consent to subletting. Sorry.
Please stop playing lawyer.
The lease does give the landlord the right to approve a prospective sublessee, but the landlord has told him it won't allow any sublessees whatsoever, and that regardless of what the lease says, the company will not allow it. This is clearly bad faith. And what's more, almost every state prevents a landlord from 'double-dipping' by charging a former tenant rent while collecting rent from a new tenant. While a lawyer may not be able to resolve this, and may cost more than he or she is worth, I wouldn't be so quick to dismiss the idea that the OP can get out of this situation with an attorney's help.
Is subleting your only option...I don't see the state of residence, in my state subetting is illegal, however,should employment change or transfered more than 30miles away, lease can be broken without penalty with proof and written notice.
3) departing and remaining residents will remain liable for all lease contract obligations.
The problem here may not be the refusal to permit the subleting, I'm not sure the above islegal??
Why would you want to sublet when it clearly states your responsiblity to the rent doesn't end. In other words should the subleting person not pay their rent, you're like a guarantor and equally responsible. Subsequently any damages that exceed security deposit money may be yours as well.....
Your lease ends and terminates your responsiblity to pay rent after the subleting person signs and the SD is tranfered.
You'll lose your security deposit whether you sublet or terminate early, but with early termination the lease ends and and your done as long as termination and move out are followed as outlined in the lease.
Last edited by virgode; 07-24-2010 at 05:27 PM..
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I told her, that in the lease it states that subletting is allowed provided that they meet the criteria. She then says, "thats just a state lease, but our company doesn't allow it". 
