Subleasing/Releasing an apartment?

Question

I have an apartment and my lease is up in May. My grandmother-in-law, who lives 4 hours away, is very ill and needs someone to take care of her. My husband and I want to move in with her for a while to help out with things, but we don't want to default on our lease.

Is subleasing legal? Can I "release" the apartment, as in, find someone who will lease it and actually get my name off the lease? How does this work?

Answer 1

Several parts.  You can't take your name off the lease even tho you found a replacement tenant.  But the landlord will be glad that you helped and she will release you.

Subleasing is usually legal.  But remember that , if you sublease without removing your name,  you will owe the money if your new tenant doesn't pay.  Sometimes that is the risk you take to get to grandma's house.

Put an ad in the paper and get started.  Call your landlord.  I am a landlord.  If you can show me proof that grandma is sick, i will release you today and i'll find a new tenant.

Answer 2

Ross is correct. Subleasing does not remove your name from the lease. You become your subtenant's landlord. You are still liable for the rent and any damages to the landlord if your subtenant defaults. If your subtenant fails to pay rent or violates the lease, you have to evict - not the landlord.

Whether subleasing is allowed or not, should be addressed in your lease. If not, you would have to get the landlord's approval. IMHO, subleasing is a bad idea unless you run credit, criminal & background checks. Since you are not the property owner, running a credit check is not a possibility.

You can always try to negotiate a lease buyout or early termination agreement with the landlord. Start by offering to pay the amount equal to 2 months rent to terminate your lease and all future liability. If you go this route, get whatever agreement you have in writing!

If you break your lease, the landlord can hold you liable for the rent until either the lease expires or a replaement tenant is found. You can also be held for any costs the landlord may incur due to your breach, such as advertising costs, agent fees, etc.

Answer 3

I am licensed in MO and have to take continuing education and just finished a class on property management.  I have my own rentals but am not a "property manager" but if I pay the extra $20 I can get a certificate saying I am certified.  So here is my 2 cents for all you Missourians, it may or may not ably to the above poster.

Subletting does not release you but in a manor turns you into the landlord for the new tenant but you are still responsible to you landlord.  Most of the time rental and leasing contracts will mention how and if you are allowed to do this.  The only way to be released is if your landlord and you come to an agreement that releases you.

Answer 4

subletting is typically illegal.

You have to check with your landlord and/or read your lease to see if this is allowed.