Subleasing an apartment

iceberg414 · 03-08-2004, 10:18 PM

So I have 5 months left on my lease and am moving out. Does anybody have advice on subleasing? Do I need a contract? Do I need to talk to my landlord(I'd rather not)? Do I ask the people that will be leasing from me for a security deposit? Any thoughts, advice or experience will be great.
Thanks

albionmoonlight · 03-08-2004, 10:39 PM

1.) It will depend on your state. Property law is state specific.

2.) Look at your lease. If it is any kind of boilerplate lease, it will discuss the issue (and will almost certainly say something about you not being able to do it).

3.) When I left an apartment early, I was able to break my lease by paying just a one month penalty. You may want to look into something like that. It does not hurt to ask. If the apartment market where you are is tight, he probably won't have a problem letting you out because he can fill it up in a hurry. If there are not a lot of people looking into an apartment at this time (which will be the case if you are in a college town in early March), then he may be less likely to let you out.

4.) If you are not allowed to have a sub-tenant, but you choose to do it anyway, realize that you are still on the hook for rent, damage, etc. If you let Joe stranger move in and he promises to pay the rent and he does not--the LL will come after you for the money and it will go on your credit report. Ditto for if the guy damages the place.

5.) Taking #4 into account, I would not sub-lease unless a.) I knew/trusted the guy and/or b.) he paid me the money up front. Your best bet is always to get out of the lease totally--you are no longer on the hook for any property damage or unpaid rent at that point.

6.) Getting a contract with the subtenant is not that important. If he screws you over, you can sue him on the contract, but that does not do you a lot of good when the LL comes after you. Him promising to pay your rent for you does not get you out of your obligation to pay your rent. (Nor should it. Think of it from the LandLord's perspective). If you don't know/trust the sub, don't take that chance.

Hope this helps.

Ksyrup · 03-09-2004, 07:05 AM

Agreed on all points. You can probably break the lease by paying a month's rent, and even if they give you a hard time, if they are able to fill the apartment before the contract would have run out, you would not be liable. They have a duty to mitigate their damages, so they can't simply refuse to rent it out to someone else and attempt to collect from you until the contract runs out. But again, property law is state-specific, and that's just a general rule.

Radii · 03-09-2004, 02:35 PM

Breaking the lease in Atlanta has not been as cheap as described above. For me, if I wanted to move out that day, here were the costs:

2 months notice
1 month penalty
re-pay all concessions given upon move-in(meaning: I got a 13 month lease with 3 months free, those 3 "free" months were pro-rated out over the lease, giving me a savings of a little less than 25% per month. I had to pay back that 25% for every month I'd lived there).

I was paying $550/mo on an apartment with a market value of $780/mo. To break the lease and leave immediately cost me 3 months rent(at market value) 780 x 3 + $230(the concession per month) x 3(number of months lived there already). Total to move out immediately? $3030. WHEE.

My numbers are a little off, maybe my concession wasn't that big, I forget, I did pay a little less than that... but that was the idea. If you don't have to move out immediately and can actually give the 2 months notice and live there for 2 more months(without paying double rent b/c you already have a place elsewhere) then its just 1 month + concessions which becomes much more reasonable.

I chose not to sub-lease for the reasons listed above. I didn't know anyone personally who needed a place and wasn't going to trust anyone I didn't know b/c I'd still have been responsible if things got messed up.

iceberg414 · 03-09-2004, 04:00 PM

WTF!? Every time I time a long reply and post it, it says i am not logged in and my reply is gone. Aaghhh...anyway I want to move out April 1st. I have yet to talk to my landlord, but I will be calling him when i get off work. I want my name off the lease so hopefully I can transfer it to someone I know...otherwise I don't know yet. I just want out off my place bad. Thanks for the great info though. We'll see what happens

03-09-2004, 07:05 AM	#3
Ksyrup This guy has posted so much, his fingers are about to fall off. Join Date: Nov 2000 Location: In Absentia	Agreed on all points. You can probably break the lease by paying a month's rent, and even if they give you a hard time, if they are able to fill the apartment before the contract would have run out, you would not be liable. They have a duty to mitigate their damages, so they can't simply refuse to rent it out to someone else and attempt to collect from you until the contract runs out. But again, property law is state-specific, and that's just a general rule. __________________ M's pitcher Miguel Batista: "Now, I feel like I've had everything. I've talked pitching with Sandy Koufax, had Kenny G play for me. Maybe if I could have an interview with God, then I'd be served. I'd be complete."

03-09-2004, 04:00 PM	#5
iceberg414 Mascot Join Date: Oct 2002	WTF!? Every time I time a long reply and post it, it says i am not logged in and my reply is gone. Aaghhh...anyway I want to move out April 1st. I have yet to talk to my landlord, but I will be calling him when i get off work. I want my name off the lease so hopefully I can transfer it to someone I know...otherwise I don't know yet. I just want out off my place bad. Thanks for the great info though. We'll see what happens __________________ iceberg slur...splurged on a chain

03-08-2004, 10:39 PM	#2
albionmoonlight Head Coach Join Date: Oct 2000 Location: North Carolina	1.) It will depend on your state. Property law is state specific. 2.) Look at your lease. If it is any kind of boilerplate lease, it will discuss the issue (and will almost certainly say something about you not being able to do it). 3.) When I left an apartment early, I was able to break my lease by paying just a one month penalty. You may want to look into something like that. It does not hurt to ask. If the apartment market where you are is tight, he probably won't have a problem letting you out because he can fill it up in a hurry. If there are not a lot of people looking into an apartment at this time (which will be the case if you are in a college town in early March), then he may be less likely to let you out. 4.) If you are not allowed to have a sub-tenant, but you choose to do it anyway, realize that you are still on the hook for rent, damage, etc. If you let Joe stranger move in and he promises to pay the rent and he does not--the LL will come after you for the money and it will go on your credit report. Ditto for if the guy damages the place. 5.) Taking #4 into account, I would not sub-lease unless a.) I knew/trusted the guy and/or b.) he paid me the money up front. Your best bet is always to get out of the lease totally--you are no longer on the hook for any property damage or unpaid rent at that point. 6.) Getting a contract with the subtenant is not that important. If he screws you over, you can sue him on the contract, but that does not do you a lot of good when the LL comes after you. Him promising to pay your rent for you does not get you out of your obligation to pay your rent. (Nor should it. Think of it from the LandLord's perspective). If you don't know/trust the sub, don't take that chance. Hope this helps.

03-09-2004, 02:35 PM	#4
Radii Head Coach Join Date: Jul 2001	Breaking the lease in Atlanta has not been as cheap as described above. For me, if I wanted to move out that day, here were the costs: 2 months notice 1 month penalty re-pay all concessions given upon move-in(meaning: I got a 13 month lease with 3 months free, those 3 "free" months were pro-rated out over the lease, giving me a savings of a little less than 25% per month. I had to pay back that 25% for every month I'd lived there). I was paying $550/mo on an apartment with a market value of $780/mo. To break the lease and leave immediately cost me 3 months rent(at market value) 780 x 3 + $230(the concession per month) x 3(number of months lived there already). Total to move out immediately? $3030. WHEE. My numbers are a little off, maybe my concession wasn't that big, I forget, I did pay a little less than that... but that was the idea. If you don't have to move out immediately and can actually give the 2 months notice and live there for 2 more months(without paying double rent b/c you already have a place elsewhere) then its just 1 month + concessions which becomes much more reasonable. I chose not to sub-lease for the reasons listed above. I didn't know anyone personally who needed a place and wasn't going to trust anyone I didn't know b/c I'd still have been responsible if things got messed up.

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