Quote:
Originally posted by valkyrie
Thanks for the responses! The funny thing is that I *am* a lawyer, and I still don't know how to do it because it's not my area of practice. Silly, I know.
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Hehe... all that stuff I just wrote above about "the traditional law is..." is among the stuff Bar/Bri gave me to cram into my head for the recent exam. (Crossing of fingers...) Of course, that may as well be the "law of nowhere," and it leaves out so many of the little details that end up tripping people up in real life. MBE law and real life law are, as you know, different worlds.
It sounds like you want out of the place for good. Is an assignment of the entire lease a possibility? Under majority law, you'd remain secondarily liable by reason of your lease contract, but the new tenant would pick up primary liability by assuming the obligations of the contract. If the landlord were willing to give a novation on your lease obligations, you'd be free of liability. (A little extra cash might be needed to lubricate that transaction.) Of course, you have to find a new tenant first.
To everyone else-- sorry about that last paragraph.
You mentioned in your first post something along the lines of "a landlord must approve a reasonable subtenant." I don't remember that one, so I think it might be a minority rule. They only taught us that a restriction on assignments and subleases was effective -- though, like I said, that's just bar review law, and I don't know the real life rule in any given jurisdiction.
Do you practice with anyone who would know this stuff? Maybe there's someone in-house who can help you out.
The usual disclaimer from the end of my post above applies, of course.