My roommate and I are on a one year rental lease. In a few months he might move out with his girlfriend which would be considered breaking the lease. Is there a legal way to transfer his lease to a new roommate??How to transfer a rental lease to new tenant?
Only the landlord can approve it, you must go to him/her and get them off the lease. Usually they are helpful...How to transfer a rental lease to new tenant?
Yes. Generally landlords allow you to transfer the lease but they have to be in on it-- you cant do it yourself. Explain the situation to the landlord.
1. The lease agreement will tell you if you can sublease, transfer or otherwise change the parties on the lease. There can also be local tenant landlord laws that deal with the breaking of a lease. In some markets the tenant can break a lease and the landlord has to refill the place. The tenant has to pay any loss the landlord might have if they have to rent for a lesser amount and for any vacancy period. As you want to stay the situation is different than if you were both leaving.
2. The landlord and the new tenants can agree a change in a lease. It is a contract and the parties to the contract can change any detail if they agree.
3. Moving out is not without a cost. It might be as simple as getting the change approved. Or it might be the person leaving needs to continue to pay the rent without anyone stepping into their shoes.
In a rental lease moving out does constitute breach of contract, unless arrangements are made for the new ';roomates'; to assume the lease agreement. Generally as a landlord, if the property is kept in good repair, I have voided the original agreement with the 1st tenant and re-wrote a new lease with the 2nd tenant.
Who signed the original lease? you or him? If your name is on the lease, then you are the contracted party If his name is the sole name on the lease then he is the contracted party.
I have a stipulation in my leases that the property cannot be sublet.
Communication with landlord is important.
Moving out does not constitute breaking a lease. He only breaks the lease if he causes damage to the property or does not pay his share. A new roommate could continue to pay his portion of the bills with a very simple ';sublet'; agreement.
In essence, your roommate would sublet his portion of the property to a new person.
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