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The complex would be who I'm leasing from. Once she pays the $200 lease transfer fee, she's off the lease entirely and goes on her way. I'm replacing her as the lease holder. The Other girl is moving out of the complex entirely.
When I lived in a college town (Ann Arbor, Michigan), one complex had a "lease change fee" that sounds similar to what you are being asked to pay. I wanted to move from a 1-bedroom to a 2-bedroom apartment in the same complex, and they said I could, but I would have to pay this fee. I didn't end up moving (but not because of the fee).
You are not subletting, which is what your first post sounded like you'd be doing. You're changing apartments in the same complex. Sounds like they can charge you the fee if they want to. (But they're charging you $200 AND the person who's moving out $200 too?! Not saying they can't, but geez!)
Leases in college towns are often odd. In Ann Arbor many were written for 11.5 months but you paid for a year (so the LL had the tenant pay for the 2 weeks of "transition time" between tenants ... nice for the LL!). Of course if you stayed for more than a year, then you actually GOT a year for your year's rental payments, but the first year you didn't.
I guess what I'm trying to say is, in a college town this kind of charge doesn't surprise me.
The complex would be who I'm leasing from. Once she pays the $200 lease transfer fee, she's off the lease entirely and goes on her way. I'm replacing her as the lease holder. The Other girl is moving out of the complex entirely.
You've posted multiple scenarios??
I'll say it one more time, leases aren't transfered from one person to another.
Legal or not, they're charging the other girl $200 for a "Lease Transfer" to me. The scenario hasn't changed, I may have misused the word sublease by being general with the term. At the same time, they're charging me $200 because I'm "Technically transferring rooms and renewing my lease". I can't be doing both. I can't take over her lease and renew mine at the same time.
If I were within my leasing period and moving from one room to another, I could see the fee MAYBE being applicable due to inconveniencing the complex. But that's not the case. I'm ending my lease and turning in my keys. I have to move out of this complex. Two weeks later, I'll move back in with my name on the other girl's lease. Just like anyone else could do. I'll be moving in the same way and on the same day as Mary Jane off the street...except I'll have to pay an extra $200. How is that transferring? I can't move from my room to her room, they're not allowing that.
Last edited by Teincilove; 07-29-2012 at 02:16 PM..
Reason: clarifying
Legal or not, they're charging the other girl $200 for a "Lease Transfer" to me. The scenario hasn't changed, I may have misused the word sublease by being general with the term. At the same time, they're charging me $200 because I'm "Technically transferring rooms and renewing my lease". I can't be doing both. I can't take over her lease and renew mine at the same time.
If I were within my leasing period and moving from one room to another, I could see the fee MAYBE being applicable due to inconveniencing the complex. But that's not the case. I'm ending my lease and turning in my keys. I have to move out of this complex. Two weeks later, I'll move back in with my name on the other girl's lease. Just like anyone else could do. I'll be moving in the same way and on the same day as Mary Jane off the street...except I'll have to pay an extra $200. How is that transferring? I can't move from my room to her room, they're not allowing that.
You'll be signing what I believe will be a new lease, on a new unit with applicable charges (rent and security deposit, whatever the state requires), not a transfered lease. Transfering leases from one person to another is bad business ethics in any state, but I'm sure it happens.
So, actually if the only charge for getting a new lease in another unit will be $200, you're getting away cheaply, and they're calling it a transfer. Did they, or are they returning your security deposit from the terminated unit?
It's more expensive for me. The app, admin, and security deposit only equal $100. I'm paying double that and being treated the same. In no way am I getting a good deal. Especially considering I'll be without a place for two weeks despite me "technically renewing" my lease. How am I to hold a lease and still be forced to move out?
I'll be better off starting fresh, which is what should happen since I'll be out of my lease when I sign this new lease. They would be keeping the deposit.
It's more expensive for me. The app, admin, and security deposit only equal $100. I'm paying double that and being treated the same. In no way am I getting a good deal. Especially considering I'll be without a place for two weeks despite me "technically renewing" my lease. How am I to hold a lease and still be forced to move out?
I'll be better off starting fresh, which is what should happen since I'll be out of my lease when I sign this new lease. They would be keeping the deposit.
Tell them this isn't a transfer if previous lease has terminated and you're homeless for 2 weeks. If they give you an arguement, heres your reply...leases aren't tranferable. I'm signing a new lease on different unit.
Thanks for all your advice. This has been driving me crazy over the last few days and I'll be going by the office tomorrow in hopes of working something out.
I have 10 months left on my 13-month lease. I don't want to sublease to anyone because then I would have to worry about whether they will make the rent, and if they don't, I believe I am responsible for making the payments. Isn't there something like assuming a lease whereby I pass all financial responsibility to the assumer of the lease and I am free to go?
Answer:
You can get partially off the hook, but the barb will still be awfully close to your lips.
You can pawn off your lease -- or assign it to another person -- and thereby avoid being responsible for any damage for which the assignee fails to pay. But you will still be responsible for any unpaid rent, unless you get your landlord to expressly relieve you of that possibility.
To ensure this particular scot-free state, you'll need to secure what the law so often requires: a piece of paper. The one you're after is a Consent to Assignment of Lease.
This Consent need not contain any pseudo-legalese such as herein or wherefore. It can be as informal as a note, but at a minimum, should identify the landlord, the current tenant -- that would be you -- and the assignee. It should also include the address of the leased premises, the term of the lease you wish to assign, and a statement that your responsibilities to pay future rent and damages end, and that you give up your right to occupy the place. The landlord, assignee, and you must all sign the statement.
All this would happen if the world were utopian. But don't be surprised if your real life landlord refuses to put his or her name on the dotted line. Why? Your landlord may understand the consequence of such a waiver -- he'll lose a guarantor.
That situation is exactly what the complex is doing. Or claiming to be doing. Once the current tenant pays her fee and I agree to take her place, she's out of the situation.
From what the current lease holder has relayed to me, they want me to apply to renew and ask for her room. Apparently, I'll have to be approved. I don't understand this "applying to renew" thing. It makes me think they're going to ask me to do the entire new tenant app, admin, and another deposit...on top of a $200 fee.
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