Need advice please :)

[chai1836]

What is the name of your state? Kansas

We made a deal with our landlord that we would find suitable tenants to take over our lease, so that we could be let out of it early. We invested all of the money necessary to find tenants, approximately $200.00 in advertising. No fewer than three people have contacted him and he began whatever background investigations he does on one of them 5 days ago. The landlord has not initiated applications with any of the other two (possibly more) people that have contacted him. The time that we need to leave is gradually approaching and we need to hear something back from him. The problem, as it stands now, if the people he is doing the background check on do not pan out and he has not even started on the others we could really be in a jam. Since we have upheld our end of the bargain and sent multiple couples to him can we be relieved of this burden now. In other words do I have a defense if taken to court to say “we provided you with name and phone numbers of willing tenants and due to your inability to approve them in a timely manner, we are no longer obligated to provide you with anything.” At this point, we would give 30 days notice and move out. Is it lawful for him to go through the process with one couple and ignore or stall progress on the others? My biggest concern is that the other people have moved on and found rental property elsewhere, due to his lack of motivation. I think we have been more than fair in trying to cover his losses since we are the ones that are breaking the contract. I understand that the bulk of the burden is on us, but are the steps we took enough to absolve us of any further responsibility?

[moe15]

But when you sublet, you choose the people taking over the lease. You could find a replacement yourself.

Unless it states in your lease that you cannot sublet, I would just start searching yourself, but keep in mind that they need to be responsible because your name is not completely removed from liability when subletting. I would write your own agreement with the subletter.

[treese]

How do you know for sure what the Landlord has or has not done regarding applications and background checks?

We made a deal with our landlord that we would find suitable tenants to take over our lease, so that we could be let out of it early.

The key word is suitable.

Since we have upheld our end of the bargain and sent multiple couples to him can we be relieved of this burden now.

You may have sent him multiple couples, but they may not be suitable to rent to for many reasons. Your end of the bargain is not upheld until the LL has rented the unit.

In other words do I have a defense if taken to court to say “we provided you with name and phone numbers of willing tenants and due to your inability to approve them in a timely manner, we are no longer obligated to provide you with anything.”

Perhaps, perhaps not. You provided him with the names and phone numbers of potential tenants that are willing, but again may not be suitable. If the LL can prove that they weren't approved for good reason then you are obligated for the loss of rent until the unit is re-rented.

[chai1836]

thank you both for the advice. I know that many aspects are hard to explain thorugh the post. The LL told me that he had not initiated anything with the other possible tenants...which I was really angry about! It is true that some of the people we sent him may not be eligible and that is what frustrates me the most about him not taking action to let all the people apply. Long story short we have agreed to do a complete sublease so that we can get out but still be there to tuck the LL into bed at night...so he feels safe

Thank you again...I really appreciate your insight