• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lease break, subletting ?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Beowulf

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I am unclear how to interpret these two clauses in my lease. Am I understanding this that if I wanted to break my lease early, I would pay $300 to the property manager on top of any remaining rent for the remainder of the lease, however it sounds like I would have the right to try and find a subletter but that the property management company would have the right to approve or disapprove of the subletter (meaning it would be in my interest to first find a subletter and have the subletter apply through the property manager first and if approved then I would pay the $300 fee?)?


6. LEASE BREAK. In the case that a lease break is requested, the Tenant shall first submit
such request in writing to the management office. A Lease break amount of $300.00 will
automatically be assessed upon such request. This charge will in no way release the Tenant of
their obligation to pay rent under the terms of the Lease until the premises is re-rented by the
Tenant or the Lease expires, whichever may come first. Tenant shall bear all reasonable costs of
re-renting the premises over and above the lease break penalty, including, but not limited to,
publication costs and labor, if Tenant attempts to re-rent the premises prior to the expiration of
the Lease.

19. SUBLETTING. Tenant shall not sublet part or all of the Premises without Landlord’s
written consent. Tenant shall not assign this lease without Landlord’s written consent. The
consent shall not be unreasonably withheld or delayed. The minimum charge for subletting is
$300.00.
 


adjusterjack

Senior Member
The easiest way to explain it is this:

They are mutually exclusive. You pick one and not the other.

If you break the lease and find another tenant it's not a sublet.

If you sublet with consent you haven't broken the lease.
 

Beowulf

Junior Member
The easiest way to explain it is this:
They are mutually exclusive. You pick one and not the other.
If you break the lease and find another tenant it's not a sublet.
If you sublet with consent you haven't broken the lease.

Thank you adjusterjack. So if I understand it right now, if I could find another person to take over the lease, someone approved by the property management company (passes their muster with regard to income, background check, yada yada), I could get out of my lease and pay the $300 fee to the property management company?

I am not looking to actually break my lease now. I leased the house I am in for Aug 1 2016 to July 31 2017 to give me time to find a house to buy. If I were to find a house to buy, and had the keys to a new house say in March 2017 (or even earlier), it would be nice to know that i could potentially have someone take over my lease so I could move into a new house purchased and not have to make rent payments on a house I am in now.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top