Breaking a lease

[SkyeBlaze]

I live in Indiana and currently cannot find anything helpful (or with credentials) leading to laws about breaking a lease.
Situation:
I want to move out due to being closer to work. I live with one other roommate. She is willing to sign me off the lease or let me go or whatever. We used to have another roommate who signed himself off previously. Though management since changed, they refused to let me off. From what I found, I can "break" a lease if i help find another tenant. Well, lo and behold, I have another roommate! But they are refusing, saying it isn't allowed by their company. Does Indiana law state that it's to each company's discretion? What are my options here?

 

[Zigner]

Do you understand the concept of a contract?

 

[Gail in Georgia]

" From what I found, I can "break" a lease if i help find another tenant."

This is inaccurate. Some landlords do allow this. Some do not. Even if you find someone to replace you, it is not as simple as telling managment "hey, I found another warm body to take over my share of the lease". That applicant would need to go through any screening process that management may have prior to being approved to rent from them.

Gail

 

[single317dad]

I live in Indiana and currently cannot find anything helpful (or with credentials) leading to laws about breaking a lease.
Situation:
I want to move out due to being closer to work. I live with one other roommate. She is willing to sign me off the lease or let me go or whatever. We used to have another roommate who signed himself off previously. Though management since changed, they refused to let me off. From what I found, I can "break" a lease if i help find another tenant. Well, lo and behold, I have another roommate! But they are refusing, saying it isn't allowed by their company. Does Indiana law state that it's to each company's discretion? What are my options here?

You signed a contract (in fact, you likely signed a second contract when the original landlord agreed to release the first roommate from the original lease). The terms of that contract will dictate how long you are responsible for payment of the rent. You are under no obligation to live in the dwelling, but you are obligated to ensure the rent is paid until the expiration of the lease term. The landlord is under no obligation to rewrite the lease or write a new lease with a potential new tenant you've found.

What is the remaining time on the newest lease agreement you signed?

 

[SkyeBlaze]

Actually, single317dad, no I did NOT sign an agreement to let off the other roommate. He signed himself off and they won't allow me to do near the same thing. I have half a year left.

Gail, by law they have to "mitigate damages" if I break the lease. Since I'll have a roommate remaining/taking over, there won't be any damages. The apartment won't be abandoned for any number of days or anything.

 

[Zigner]

Actually, single317dad, no I did NOT sign an agreement to let off the other roommate. He signed himself off and they won't allow me to do near the same thing. I have half a year left.

Gail, by law they have to "mitigate damages" if I break the lease. Since I'll have a roommate remaining/taking over, there won't be any damages. The apartment won't be abandoned for any number of days or anything.

They don't have to allow that person to move in.

If you've already got it all figured out, why are you here?

 

[single317dad]

Actually, single317dad, no I did NOT sign an agreement to let off the other roommate. He signed himself off and they won't allow me to do near the same thing. I have half a year left.

Gail, by law they have to "mitigate damages" if I break the lease. Since I'll have a roommate remaining/taking over, there won't be any damages. The apartment won't be abandoned for any number of days or anything.

If you haven't signed any new contract since the first one you signed, then the first contract is the one in force.

The leasing company does not have to accept any potential renter you bring to them. I certainly wouldn't let anyone else tell me who could and couldn't live at my property.

You are bound by your lease agreement. The flip side to that is that your roommate is also bound by that agreement. I have no idea what agreement your former roommate came to with the old landlord, but he may also still be bound to the new leasing company. That means your actions will affect other people. The leasing company won't have any damages to mitigate; they have two tenants who are bound to a lease and are (probably) jointly responsible for paying the rent.

As Zigner asked: If you're so sure about your legal standing to drop another renter on the doorstep and move out, why not just do it? You've made up your mind. When you're sued by your roommate because she was stuck paying the rent by herself, court is not going to go well for you.

I revise and repeat my question: "What is the remaining time on the lease agreement you signed?"

 

[Gail in Georgia]

"Gail, by law they have to "mitigate damages" if I break the lease. Since I'll have a roommate remaining/taking over, there won't be any damages. The apartment won't be abandoned for any number of days or anything."

"Mitigating damages" (and not all states require landlords to do this) means that a landlord must make a REASONABLE effort to find a suitable replacement tenant for you. The emphasis is on reasonable. Again, they are not required to take the first person you find simply because you wish to break the lease. And they do not have to agree to let you out of our lease.

You can attempt to find a suitable replacement for yourself and again approach management with such a person and again suggest that they consider accepting this person in your place.

Gail

 

[FarmerJ]

exactly what did the first lease say about renewal ? and notice to end the lease ? ( this is important because if your first lease only renewed as month to month and you have not signed another since they let that other person move out then your free to argue that you are entitled to move with a months notice , and with the so called newer management firm if you have a body living their that is not listed on a lease with you then its very fair to argue that you no longer have a joint lease due to LL inaction and maybe it wouldnt hurt to use the links above and consult with a atty anyway ( because unless the original lease you signed allowed the LL alot of extra rights like changing your lease terms I sort of think the LL would not look very good in a court trying to prove they had a valid lease for all of you jointly if they didnt have a current one signed on file by you and each roomate.