Question:

I am buying a house and I want to sublet my apartment. What are my options? ?

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My lease says I can't sublet without written consent. Does that mean they need to approve the person to whom I rent the apt? There is no early termination policy in my lease. Is there a penalty I can pay to end the lease early in MN? What are my rights as a renter?

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  1. yes - landlord has to approve tenant - same way theye approved you - even if you are allowed to sublet - if the new tenant doesn't pay the rent YOU have to - you are still on the hook until the original lease ends - you'll have to talk to the landlord to see what he would allow


  2. You cannot sublet unless the landlord agrees to it in writing. Naturally, the landlord would want to approve your subtenant.

    Understand that subletting does not get you off the hook for the remainder of the lease. You become the landlord to your subtenant. If your subtenant does not pay rent you are responsible for evicting them and paying the rent owed to the landlord. If they cause damages, you are responsible to pay the landlord and then sue the subtenant.

    In MN, you are responsible to pay the remaining months on the lease even if you move out. You would also be responsible for any costs the landlord incurs due to your breach, such as advertising fees, etc.

    http://www.tenant.net/Other_Areas/Minnes...

    Unless there is a "lease break fee" in your lease, the landlord expects you to fulfill your lease obligations.

    You may be able to negotiate an early termination or lease buyout. Negotiate with the landlord. Go into negotiations with the understanding that the landlord has the upper hand and would be doing you a favor - you are not entitled to break the lease at no cost.

    Start off by offering the amount equal to 2 months rent and see if they will accept that to break your lease without any further liability. Depending on how many months remain, they may ask for 3 months.

    If you and the landlord come to an agreement - get it in writing!

    Another option is to let the landlord know that you want to move out & buy a house. Offer to stay until a replacment tenant is found. Offer to pay the advertising costs, to allow the landlord to show the apartment as much as possible in order to get a replacment tenant and keep the place in show worthy condition.

    This way, you are not paying for an apartment that you are not living in and the landlord will suffer no loss of rent.


  3. If the landlord says no subletting then you are tied. Seek advice from a local letting agent, or you may run into large legal problems.

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