Quote:
Originally posted by valkyrie
I did a search and didn't find anything, so I thought I'd ask...
Have any of you ever subleased an apartment? I understand the basic legal requirements and all -- how it works in terms of how you find a subtenant and how the landlord has to approve a reasonable subtenant. But I don't really understand the reality of it -- once you find a subtenant, does the subtenant pay the landlord or you? Does the subtenant usually pay a deposit? I have yet to find any real helpful how-to information on this topic...
Aside from that, does anyone know a good and legal way to get out of a lease?
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On the subtenant question-- there may be a housing legal clinic that can provide an answer for you. Aside from web searches, you might find someone in the yellow pages. You can also contact the bar association to ask if they know of someone who can provide answers to generic landlord-tenant law questions. They usually do referrals. Also call up any local law schools, which often operate clinics (though they often have maximum income cut-offs). When I went to the University of Minnesota, they had a Student Legal Services center which gave out basic information on landlord-tenant law to students. These services may not be entirely free, but legal clinics targeted at poor students and others without much money often have sheets drawn up that cover frequently asked, generic legal questions.
The relevant laws can vary from state to state and even from municipality to municipality.
Under traditional property law, I don't think it matters who pays the landlord, but you are liable if your subtenant doesn't pay. Under traditional law, you are personally liable to your landlord for the rent, for any damage to the apartment, and for anything else required by your lease. If the subtenant flips out and splashes chartreuse paint on the walls, you will be paying for it (though you could then go after the subtenant -- good luck). Your landlord might require you to pay the rent and leave it up to you to collect from the subtenant. You or the subtenant may have to pay an additional deposit to the landlord, depending on your lease-- again, that's probably your responsibility unless you can get it out of the subtenant. You could ask your subtenant for a deposit to you on the sublease, too, but if you can't find a subtenant willing to put one down, that won't work.
As for breaking a lease, that's another thing that can vary according to locality. In both Minnesota and Colorado, where I've lived recently, the rule was that if the landlord was able to fill the apartment, they were allowed to charge you rent only for the time they were not able to fill it, and it was their responsibility to try to fill it using commercially reasonable marketing efforts. I can't promise you that that's true everywhere, though, nor can I even promise you that it's true in all cases in the states I named.
Note that breaking a lease is probably going to get you a bad landlord reference unless you work it out with the landlord first. A history of broken leases is a dealbreaker for some landlords, and they do background checks for that kind of thing. Many landlords are understanding and will not withhold references if there are special circumstances, but not if you just don't like the place and want to live somewhere else.
You may be able to work out a deal where you can assign the entire balance of your lease to someone else, or even back to the landlord. There are other legal rules that apply to assignments. They're a little different from subleases.
Good luck in your search for information!
The usual disclaimer -- I'm not a lawyer, and I can't provide you with reliable legal advice, especially not advice tailored to the particulars of your situation. If you are worried about potential legal liability or risk, you should talk with a lawyer.
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