Furious that apartment complex won't allow me to sublet (breaking a lease, fees, vacate)
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The lease does give the landlord the right to approve a prospective sublessee, but the landlord has told him it won't allow any sublessees whatsoever, and that regardless of what the lease says, the company will not allow it. This is clearly bad faith. And what's more, almost every state prevents a landlord from 'double-dipping' by charging a former tenant rent while collecting rent from a new tenant. While a lawyer may not be able to resolve this, and may cost more than he or she is worth, I wouldn't be so quick to dismiss the idea that the OP can get out of this situation with an attorney's help.
Um excuse me? A right to approve subletting is NOT an obligation to approve subletting. Period. Two entirely different concepts.
I did not even respond on any issue of "double dipping" because that wasn't the question. The landlord has no double dip occurring in this situation. They did not approve the sublet tenant so there is only the current tenant.
Proving bad faith in reliance on a verbal comment would be difficult. All the landlord has to say is "we did not approve the new tenant" or "based upon current economic conditions we choose not to approve subletting" or any one of 19,000 other things-end discussion. There is no obligation to approve the new tenant or the sublet. They are fully within their rights based upon the lease language posted.
Edited.... he says in another post that he is in Texas. I did a search for tenant sublet laws in Texas and found this:
Texas TX - The main tenant has to obtain the permission of his landlord before he is allowed to sublet.
and
Sublease
Subleasing is having someone else take over a tenant's rights and obligations under a lease before the original lease expires. Under Texas law, a tenant may not sublet a unit to any other person without the prior consent of the landlord. A landlord may, however, waive the right to prior consent. If subletting is allowed and the new tenant does not pay rent, damages the unit, leaves before the lease expires, or breaches another condition of the lease, the landlord may hold the original tenant responsible. The original tenant then may sue the new tenant for those costs.
I miss the days of renting month to month but it seems thats all there is anymore...leasing.
My problem was having to break a 1 year lease a few years back too, when the company I worked for suddenly folded under and I needed to relocate because there was no way it was going to be possible to keep that apt with a lower paying job, or none at all. Its on my credit record and they want me to pay something like 1200.00 but if ya dont got it, ya dont got it. I will say though, a lease break for the legitimate reason is better than an eviction, on your record.
A lot of people have to break leases for work related reasons or when they suddenly become unemployed, this economy doesnt allow too many to save for a future, most of us scrape from paycheck to paycheck anymore. But again, a lease break is better than an eviction and if you have to relocate and cant sublease, well, it is what it is.
I miss the days of renting month to month but it seems thats all there is anymore...leasing.
But again, a lease break is better than an eviction and if you have to relocate and cant sublease, well, it is what it is.
I teared up a little while reading this...its so sad. Im only 22, I didnt even know there USED to be month to month. The few that are out there are crummy...and my apartment charges a WHOPPING $122 extra per month to do a month to month. It isn't outrageous, but when 1st of month comes that can be alot. I could have swore they said an extra $50 when I signed the lease...so thats another lie.
I can see about consulting attorneys, but I dont have much time though. I have to get going the 1st or 3rd of August. The guy who was gonna sublet it has moved on, making me feel like a total flake for even offering it to him and then saying, "I read the lease, its okay for me to sublet" and then get down to the office and they say no.
Question though...did breaking your lease make it hard to find another apartment? Leasing manager was making it seem like I'd never find another place like this again, but Im thinking she was trying to scare me into staying. But what am I supposed to do?
You should talk to your company and see if tehy are giving assistance tot hsoe they are ransferring. They should do this really since many do it.It other words come to a agreement to pay offf your lease contract.
You should talk to your company and see if tehy are giving assistance tot hsoe they are ransferring. They should do this really since many do it.It other words come to a agreement to pay offf your lease contract.
That would be a great idea...but I'm not working for a 9-5 conglomerate. I work for myself as a salesperson and am moving because the wages here are too low and it affects my sales. I had been away for nearly 3 weeks in another area and after several months of debate, I have decided its time to move on from where I am.
I am leaving before my time according to my lease, but its just the right time according to me as I was wary of staying in the area beyond August. Sales SUCK here and there's no way I can afford to live here any longer.
Not evil. The next time you sign a contract, read it.
Put on your reading glasses female. In #3 I state what the lease said. Now, if they wanna change it up and only say that its a 'default state lease' then how the hell am I supposed to know any different. Its in the lease that if the person qualifies, then I can.
Is subleting your only option...I don't see the state of residence, in my state subetting is illegal, however,should employment change or transfered more than 30miles away, lease can be broken without penalty with proof and written notice.
This is true. You don't need to even consider trying to sublet your apartment. Since your job is transferring you out of state, all you have to do is provide the management company with verification of this, and they have to let you out of your lease. They won't like it, but they won't have a choice - it's perfectly legal.
I teared up a little while reading this...its so sad. Im only 22,
Why am I not surprised? After reading your messages here and in the other threads it seems you still have some life and business lessons to learn. The Lease/Rental world does not revolve around your mostly self-inflicted problems. If the lease you signed prohibits something you want to do, it doesn't matter if you think, from your perspective only, that it should be allowed.
What if you signed a year's lease and the landlord decided after 7 months that he wanted you out to rent to someone else who paid their rent on time? You would be outraged, would you not? You need to start trying to envision things from the perspective of others and not view everything as paranoid adversarial, revolving around you.
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I will say though, a lease break for the legitimate reason is better than an eviction, on your record. 
