Subleasing Agreement in Condo Lease

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KaylynnC

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I am needing to get out of my lease with my condo. I am going through a realtor and in the lease agreement this is what is says:

1. Tenant many not assign this lease or sublet the property without landlords written consent.

2. If Tenant request an early termination of this lease under the Paragraph 28B, Tenant may attempt to find a replacement tenant and may request the Landlord to do the same. Landlord may, but is not obligated to,attempt to find a replacement tenant under this paragraph.

3. Any assignee, subtenant, or replacement tenant must, in landlords discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by landlord.

4. At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the property, Tenant will pay Landlord:

(a) if Tenant procures the assignee, subtenant, or replacement tenant:
(i) $___N/A____.
(iii)_____N/A_____% of one's month rent that the assignee, subtenant, or replacement tenant is to pay.

(b) if Landlord procures the assignee, subtenant, or replacement tenant:
(i) $____N/A_____.
(iii)_____N/A_____% of one's month rent that the assignee, subtenant, or replacement tenant is to pay.

(5) Unless expressly stated otherwise in an agreement or sublease, Tenant will not be released from Tenants obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord.


And here is my question:

I called my realtor and said that I wanted to get out of my lease because of some personal safety issues with my ex boyfriend and what did I need to do to go about subleasing my condo. I told them I had found someone that wanted to rent the condo in my place. Esenttialy I did their job for them. I read this part of my lease backwards and forwards to make sure that as long as I found someone to rent the condo after me and they passed the background check that I would be able to get out of my lease free and clear. I believed this because under section 4a the realtor neither checked a box next to i or ii and also put in the answer N/A for the number amount that was to be paid to get out of the lease. When I told them I had someone to replace me and asked if there was anything else I needed to do they told me that I have to pay rent for the month of November and 85% of the month of December. This is not what the lease says and I'm not sure what my legal options are. I have not gotten a written consent yet because I just talked to them yesterday. Should I get the consent first and then say well this is what the lease says and I shouldn't have to pay anything. I'm just not sure what my options are. Because as long as I have found someone to take over the lease and they passed the background check I am under the impression that I am able to get out of my lease without any penalties. Am I correct?
 
How are you working out the person subleasing the apartment paying the rent? Are they to pay you and you, in turn, pay the landlord?

When is the person interested in subleasing the apartment going to take over your lease?

Gail
 
It says in my lease agreement that any subleasee would start a new lease with terms not less than or favorable to the discrestion of the landlord. Which when I asked if she would start a new lease with the same terms they said yes. Should I get the written letter of consent first before I bring up anything about the lease saying that the charges were N/A. They said in all the 14 years that they had done this they had never had someone break thier lease. And that she really didn't know what to do.
 
The reason I asked my questions is because a landlord cannot "double dip" in terms of rent; for example, if the person who is subleasing begins paying rent on November 1st the landlord cannot expect you to also pay rent November 1st.

If they are not approved or do not move in until, say December 1st, you would be reponsible for Novembers rent and they would take over starting in December.

So yes, since the landlord has to approve the person you found it would be a very good idea to get their consent in writing.

Gail
 
Ok well say she does get approved she was planing on moving in on the 15th of november. Should I have to pay the 1/2 month in rent? and do I still have to pay anything if she is approved because of what my lease says? What if she dose get approved tommorrow and she can move in on the first should I still have to pay the fees they are asking for? And I can understand paying what is not coverd till she moves in but should I have to pay the 85% of dec. if they are already getting it from the new tenant?
 
If she gets approved to begin the rental November 1st, there would be no need for you to pay any further rent (I'm assuming she'd pay the rent starting November 1st). She would be assuming the reponsibilities of the lease which would include the rent (and typically the security deposit).

If she gets approved to begin the rental November 15, you would owe for half of November, she for the other half.

If she's living there (and paying rent) in December, you also would not owe for this month.

Again, a landlord cannot "double dip", i.e., collect double the rent from both you and the person subleasing.

Gail
 
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