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lethy79 · Nov 7, 2007, 11:14 PM

I am currently trying to get out of a lease that I signed at an apartment community.

I have 2 choices:

1. I can add someone to my existing lease so they keep the same rent that I'm paying but I don't want to risk sharing a lease with a stranger.

2. Or according to the property manager I can find someone to rent our apartment but they would have to sign a new lease and they're rent won't necessarily be the same as what I'm paying now. She gave me a possible figure but said it can change week to week.

Are there any other options? What about a Lease Assignment?

excon · Nov 8, 2007, 10:19 AM

Hello l:

Actually you have number #1 a little screwed up, and the landlord has number #2 a lot screwed up. ADDING someone to your lease isn't getting out of your lease. It's just as you think it is. You'd be taking a BIG risk. It's NOT something you should do.

IF your landlord would let you sublet, or assign your lease, as you described it, then it would be your responsibility to find the tenant who would then take over the balance of your lease at the same terms. The new tenant, however, would be responsible for his or her own rent and deposit. Your relationship with the building at that point is ended. That IS getting out of your lease.

In terms of #2; IF you just leave, the LANDLORD is the one who has the responsibility of finding a new tenant as soon as he can - NOT YOU. You would be responsible for the rent until he does. But of course, you are anyway according to HIS scenario. The only difference is whose responsibility is it to find a new tenant. The LAW says it's HIM. In that case, they can charge whatever they like.

If, however, you can show that they purposefully raised the rent beyond market rates, so that they can just kick back and collect rent from you and not bother with a new tenant, you won't have to pay.

excon

lethy79 · Nov 8, 2007, 11:33 AM

Originally Posted by excon

Hello l:

In terms of #2; IF you just leave, the LANDLORD is the one who has the responsibility of finding a new tenant as soon as he can - NOT YOU. You would be responsible for the rent until he does. But of course, you are anyway according to HIS scenario. The only difference is whose responsibility is it to find a new tenant. The LAW says it's HIM. In that case, they can charge whatever they like.

If, however, you can show that they purposefully raised the rent beyond market rates, so that they can just kick back and collect rent from you and not bother with a new tenant, you won’t have to pay.

excon

Thanks for responding. The reason I was looking for a new tenant for this apartment is so they would rent it after we left and I wouldn't be stuck with paying for the rest of the lease. I wanted to do this since the property manager told me that they are not obligated just to advertise my particular apartment.
I know for a fact that there are other apartments that are exactly llike mine going for the same rent I'm paying now. When I brought this up to the property manager she stated that those apartments have been on the market longer and they run specials. I don't understand... if I find someone that would rent my apartment at the same rate why don't they just take the new tenant?

ScottGem · Nov 8, 2007, 11:41 AM

You can't break a lease. A lease is a legal binding contract. If you want to get out of the contract, you have three options:

1) A Buyout. This is where you pay a fee (generally 2 months rental) to terminate the lease early.
2) A Sublet. This is where you rent the unit to someone else. They are responsible for paying the rental YOU set. They can either pay you or pay directly. A sublet has to be allowed by your lease or approved by the landlords
3) Find a replacement. Either you or the landlord finds someone to move in. The new tenant will sign a new lease with the landlord at whatever rental they agree on. As soon as this new lease takes effect you are off the hook.

If you just leave, you will continue to be responsible for the rental until the unit is rented to someone else. The landlord is required by law to make a good faith effort to rent the unit. But if there are currently vacant units in the complex, then doing so might not be that easy.