Breaking the lease

[ycy200]

I've been relocated by my company to another state recently, therefore, I have to break my Columbus, Ohio apartment lease. I’ve submitted written notice for reason to vacate prior to lease expires. My landlord states that I am still responsible for the remaining rent until my apartment is re-occupied. I paid rent from January ~ March 2005 since it‘s still un-occupied as of today, my place was ready for re-rent since 1/20/05. I’ve got people interested in sublet my place from now till my lease expires in 5/31/05.

Do I still have my right to sublet the place now after I’ve moved out and still paying the rent when it’s not been re-rented? Can the landlord not accept sublet as an option for re-rent? How can I determine if the landlord is making a reasonable effort to re-rent ?

 

[WhiteMidnight]

Read the lease yet?

Does your lease allow sub-letting? Might want to check it just in case. If it does, and you know for certain he has not found someone (discuss it with him first) to rent the apartment, then there shouldn't be a problem.

If your lease does not allow subletting, you can let your landlord know that you have found someone. If he denies them, find out why. It may help in determining if he is really making an effort or not, depending on reason for denial.

 

[ycy200]

WhiteMidnight, thanks for your reply.

Actually I’ve read my lease couple times in the past, my lease does “not” mention anything about subletting nor penalty for breaking the lease.
That’s why I’m a little unclear about how to handle all of this.

I’ve talked to the office agent this morning and know for certain that they’ve not re-rent my place as of today, she said she’ll find out about sublet approval from her manager on Monday. I guess my dilemma is since it’s “not” in the lease states no subletting allowed, can they still reject sublet as an option and make me keep paying the rent in the meantime.

I'm paying double rent (Texas, Ohio) right now so it starts to get expensive.
I appreciates for anything advice you can offer…
Thanks for taking the time responding to my dilemma…

 

[JETX]

Do I still have my right to sublet the place now after I’ve moved out and still paying the rent when it’s not been re-rented?

Read your written lease to see if there are any restrictions against your subletting. If not, then go ahead. However, you must realize that YOU will still be responsible for any unpaid rent, fees, damages, etc. to the property.... even if caused by YOUR 'sublessees'.

Can the landlord not accept sublet as an option for re-rent?

If prohibited in the lease, yes.

How can I determine if the landlord is making a reasonable effort to re-rent ?

You can certainly ASK the landlord to provide records of their attempts to re-lease the property, but if to their detriment, they won't provide.... and there is no legal obligation to until you force it in court.

One other thing, for a good 'cut-n-paste' sublessee agreement for Ohio, go to:
http://www.ilrg.com/forms/sublease/us/oh

 

[dduglass]

If your landlord stands firm but foolish and takes no steps to rerent, then attempts to collect the balance of the rent in a lawsuit, the judge hearing the case will attempt to determine what would have happened if the landlord had acted properly and advertised for a new tenant.
If someone is available to move in on the heels of your leave, you will not be liable for breaking your lease.
A landlord would be hard-pressed or foolhardy to turn away a willing prospect who has all the credit and background plusses that you had. Looked at in the sneakiest light, this will also bolster your case should the landlord later go after you for the full balance of the rent.