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I will have 2 months left on my lease as of Oct 1. I have requested a sublet application from my landlord's legal department via email. They sent me this message in response:
"Your lease is up 11/30/12, you cannot sublet for the remainder of the lease and then vacate. Subletting means you are leaving for a period of time and will be returning."
Nothing in my lease says anything about needing a specific amount of time to sublet. My lease DOES say:
"Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease upon request of the tenant upon thirty days notice if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant. If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease."
I requested more information about why I am unable to sublet for 2 months and return in the last week of my lease to clean the apartment. I also sent another email mentioning that I reread my lease and that there was nothing about not being able to sublet due to remaining time in my lease.Neither email received a response.
What do you think my next step is if my landlord continues to refuse to supply me with a sublet application? Think I'll be able to give 30 days notice and be released from my lease (pun not intended)?
"Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease upon request of the tenant upon thirty days notice if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant. If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease."
Sorry..You loose, either way. You can give 30 days notice since he won't let you sublease. And you have to prove he is being unreasonable even to do that.
But you only have til Oct 30.to be able to give 30 days notice anyway...It is Sept 12....Either way you will be at the end of your lease is a short time. They are not willing to let you sublease for 1 mth...I don't find this unreasonable.....
Seriously..why are you even asking the question. It is clear in the lease that it is up to the landlord to allow subleasing, and they are choosing not to. Case closed.
I'm not so sure that it's as clear as that. First, sublets are constantly done where the original tenant has no intention of coming back.
More importantly, isn't there something in either state or city law that says the landlord cannot unreasonably refuse to sublet? Moccawaii, you need to check with someone oficial, not just here.
That said, for two months, you may just have to take the hit. I can see where the LL may just not want to be bothered to do you a favor with the extra paperwork.
The law says pretty clearly that you CAN sublet with the owner's permission or be freed of the lease.
The only question is timing. Since you have ALREADY received notice that the landlord will not accept a tenant, it seem reasonable to assume that you might consider your tenancy ended and the lease broken by the landlord and you can move out today. I think this would stand up in court if they pursue the matter...which they will not. Basically their argument can only be "we withheld the right to sublet becasue we FELT like it." That is not a cogent argument.
So ultimately crescent is correct:
Quote:
Don't pay October or November. Just leave.
Of course then there will be the inevitable battle over the security deposit...another story.
(P.S. In the ulikely event you haven't paid for September, don't...let them take that from the security deposit, which they are fully within their rights to do so. But at least that would be less you have to wrest back from them.)
Last edited by Kefir King; 09-14-2012 at 08:10 AM..
Anyone that tells you to simply walk from the lease is giving you very bad advice. Don't do it. Come to a mutual agreement with the landlord to exit the lease...otherwise you are creating more problems for yourself.
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