Sublet Allowed?

[CAGuy25]

I'm in CA. I'm interested in breaking my lease, and the manager has no problem, and at first the owner expressed that it wasn't a problem either. However, it's looking like he may not be able to rent it in time, partially, in my opinion and the managers, that he is asking far too much. So, I was thinking about subleting the apt for the amount that I'm paying each month.

My question is, does it have to state specifically that I cannot sublet in my lease? Can it set up terms in my lease, by which I must follow if I do want to sublet(i.e. credit check, etc)? If it states nothing about subletting not being allowed, does that mean that I can do it without consulting the owner?

thanks in advance.

 

[FarmerJ]

CA what ever happend with the stove ? Make sure that lease info is correct and the lease forms I used were standard ones look again the wording might be different . You know technically you do become the LL if you sublet meaning they must pay you and you are going to be responsible for making sure the actual owner makes repairs very messy spot to be in sometimes , if you dont see the term sublet then look and see what the lease says about assignment to others Id have to dig one of my old leases up but i believe the wording was that the tenant could not assign the lease with out my written consent .

 

[CAGuy25]

Ah, the stove finally got hooked up, by myself. I drove to home depot and got the adapter...took a few tries to get the right one, and I deducted the amount I spent from my rent. I'll be checking the lease tonight, to see if it has any wording to that effect.

 

[FarmerJ]

PS :sent you mail

 

[gooberitiz]

You really should ask a lawyer this question:

Here in NYC, if you want to break the lease the landlord MUST try and rerent for the same rent as you are paying,

If he gets less, then YOU would owe the difference till the lease ends..

BUT.....if the landlord wants to jack up the rent, then your responsibility for paying the rent ENDS.

The landlord cannot charge a higher rent so that you will get no takers and are stuck paying the bill.

THAT is considered BAD FAITH on the landlord's part

 

[CAGuy25]

gooberitiz, in NY, does that apply even if the landlord recently rented an exact sized apt for the amount that he is now asking? I know for a fact that my landlord has rented the same unit, only upstairs, for $995, whereas I am paying $795.

 

[abezon]

If your lease does not specifically forbid sublets you can sublet the apt. Furthermore, you can sublet it for more than you are paying under the lease and make a little profit. Just be sure you sublet it month-to-month and that the sublease says it terminates before the last day of your lease no matter what. You will need time to get in there and clean for your final inspection. Also, get a damage deposit equal to the one you have on file and be sure you return it on time.

 

[gooberitiz]

YES it does, the landlord signed a contract with the tenant for $795 a month, the landlord must honor that as well.

The premise is simple: the landlord agreed to $795 for XX months thats all the landlord should be entitled to get.

But if the Landlord makes a choice to shoot for the moon, by raisng the rent even $300 a month ...why should the tenant have to continue to pay for the landlord's folly if he cant find tenants at that price?

YOU can find plenty of tenants to sublet for $795. till the end of the lease.

Hey...its Illegal in NY to make a profit on a lease, but not in Californication. Hint hint

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gooberitiz, in NY, does that apply even if the landlord recently rented an exact sized apt for the amount that he is now asking? I know for a fact that my landlord has rented the same unit, only upstairs, for $995, whereas I am paying $795.