Whether they have a waiting list or not has no bearing on your ability to sublease. The subletter takes over the remainder of your contract. Unless your contract states that you cannot sublease, the only thing your landlord can do is to not give them an option of renewing when your contract is up.
Apartment Legal Advice
- Thread starter bringmagicback
- Start date
Whether they have a waiting list or not has no bearing on your ability to sublease. The subletter takes over the remainder of your contract. Unless your contract states that you cannot sublease, the only thing your landlord can do is to not give them an option of renewing when your contract is up.
Both already need surgery so maybe this way I can counter sue and not have to pay out of pocket haha.
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Just called them, they said I can find someone to take over the lease, just not sublease. Whatever the difference is, either way, to craigslist I go.
Here's the thing..... the contracts are there to keep the landlord from getting hung out to dry and being stuck int he off season with an apartment he/she can't fill and thus will not make any money on. It sounds like they would have no problem filling the apartment in your stead. If they can fill the apartment before you leave then the right thing for THEM to do is to let you out of the lease minus the cost of preparing the apt for the next tenant. If they can't fill it before you move out then the right thing for YOU to do is fulfill the contract, and pay the fines/ rent. If they are double dipping (filling the apartment right away AND charging you rent penalties for the remainder of the contract) they are just trying to get as much money as they can out of you and that is not right. This is coming from somebody that owns a rental property.
It kind of sounds like they won't let you get out of the contract so if the subleasee stiffs you on the rent you are still liable for it.
Make sure to keep in mind your security deposit if this is the case.
Agree with this.
However, the fact remains that you signed a contract that says you're going to owe them $2,000. Negotiate your way out of it or be prepared for the ramifications. They might decide it's not worth the hassle and just let you go, but my guess is that a guy who owns 10,000 apartments didn't get there by letting people out of their leases with no penalty. Whether or not the owner is involved day-to-day, you can still go to him. He's human and he might be more willing to work with you than you think, but I doubt he's going to be ok with you just walking away without talking to you.
Can you paste the exact language in the contract regarding the $2,000 dollar fine and subletting? Generally, if you are subletting you may void some portion of your security deposit, but I've never heard of someone dropping another 2 grand on top of that. That seems very excessive.
In regards to legal ramifications, being that the owed amount is less than $5,000, the rental company would have to take you to small claims court in order to legally compel you to pay. This is almost never done, and the larger the company, the less likely for them to bother with it (especially if they immediately fill the unit).
In regards to legal ramifications, being that the owed amount is less than $5,000, the rental company would have to take you to small claims court in order to legally compel you to pay. This is almost never done, and the larger the company, the less likely for them to bother with it (especially if they immediately fill the unit).
You're not even transferring it. Your name is still on the rental agreement and you are still responsible for the monthly rent.
You need to see what the language says about sub-lessors and assignments.
The landlord has a duty to attempt to re-rent the apartment. You can assist them with this, of course. The $2000 is just a buyout of the contract. You don't have to pay that to move out or to get another renter moved in.
He's right. IF you can find someone else to lease it, i am sure the company will let you do that. Just remember, they want the money that the apartment is going to generate. It's not a personal thing against you, its just business.
Just think if the apartment owner told you to move out next week because he had a buddy that needed a place to live. Wouldn't you expect the owner to live up to the contract you both signed?
Given the apartment fire earlier this summer, and the number of residents that were forced out of their apartments, I would not be surprised if the manager did, indeed, have a wait list.
If that is the case, then they should sublease the unit for you and should only charge a leasing commission of $300 or so. Sticking the entire lease on you when they have a wait list would be unethical. Furthermore, you should be entitled to get back most of your security deposit as long as you leave the unit in shape per the requirements of your lease.
Most apartment managers in Ames will work with you, so keep in touch with the manager and ask about the subletting.
The apartments in Ames filled up at an unprecedented rate this year due to the fire. Many foreign students arriving late could not find suitable housing...
