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Are there different laws depending on the State you live in?

2007-01-06 14:08:46 · 9 answers · asked by daniel.brillet 2 in Business & Finance Renting & Real Estate

9 answers

It's considered sub-letting and only if it's agreeable to your landlord. If the person who took over for you missed payments you would then be responsible. You're better off talking to your landlord about getting out early if possible.

2007-01-06 14:11:46 · answer #1 · answered by nikbern525 3 · 0 0

There is no law against it, you need to read the lease agreement. Many landlords will include a clause in the lease that states that you may not sub let the property. Sometimes the clause states that you can sub let the property, but only if the landlord agrees. If you do have someone takeover your lease, you are still legally obligated to make the payments if the person who took over the lease stops paying. The landlord can sue you both for non-payment of rent, but can not get double the rent, he/she can only get the total amount of the rent - it just doesn't matter whether it comes from you or the subtenant. Read the lease carefully and have a lawyer advise you if you do not understand it. Many law schools have free clinics that can help you if you do not want to pay a lawyer to look at it for you.

2007-01-06 14:16:00 · answer #2 · answered by Andy 2 · 0 0

It is legal to have someone take over your lease (sublet or sub lease). However, you must review the section of your lease agreement that addresses this to see if a sub is allowed. If you sub and it is not allowed, then you are in default of your lease agreement. Being in default could cost you a lot of money in addition to being evicted from the property so read your lease and talk to your landlord.

2007-01-06 14:29:23 · answer #3 · answered by Derrick L 2 · 0 0

It usually depends on the terms of your lease. What you're talking about is either subletting, where you stay a tenant and you're responsible for rent, but you let it to someone else and they pay you - or it's assignment, where you actually sell the lease to someone else and your relationship with the landlord ends. Both normally need the permission of your landlord.

2007-01-06 14:16:48 · answer #4 · answered by Joe 5 · 0 0

Depends on your lease. That is what is called a Sub-Lease. Some state don't allow for it.

2007-01-06 14:26:11 · answer #5 · answered by HairyBack 2 · 0 0

It's not a question of legality.

It is a question of whether or not subletting or assignments of the lease are allowed in the contract, meaning your original lease.

2007-01-07 05:33:07 · answer #6 · answered by BoomChikkaBoom 6 · 0 0

Yes, it is perfectly legal. However, the person taking over your lease will have to meet the minimum credit requirements for leasing your previous place. If he/she doesn't meet the credit requirements of the leasor, then, they obviously cannot take over the lease because the leasor will not allow it.

2007-01-06 14:16:06 · answer #7 · answered by Muga Wa Kabbz 5 · 0 0

Are you talking rental lease, car lease, or what??? Your contract is what will tell you what you can and cannot do to reassign a lease. Leases are legal documents... you should always read them before you sign them.

2007-01-06 19:12:55 · answer #8 · answered by Anonymous · 0 0

No, it's not legal. A lease is a contract, you can't change it or break it without the agreement of the other party (your landlord).

2007-01-06 14:11:14 · answer #9 · answered by romulusnr 5 · 0 1

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