If you’ve got to leave your apartment mid-lease, finding a qualified person to step in and take over your lease goes a long way to making the process go smoothly.
You gone.
Or, at least you need or want to go. But you’ve got this lease on your apartment that’s not up yet. You don’t want to break your lease because that’s got some consequences that may linger. You’ve got some other options, such as a lease takeover or a sublet. Here’s how you go about getting out in the best way possible.
What’s the difference between a sublet and a lease takeover?
In a sublet, a new person comes in to finish up your lease. They pay you and you continue to pay rent to the landlord. Three things to remember: Make sure your lease agreement allows you to sublet your apartment, let your landlord know you’ll sublet and you’re on the hook if the subletter doesn’t pay the rent.
An apartment lease takeover (a.k.a. lease transfer or lease assignment) is when a new renter agrees to take over your lease and has a separate, formal agreement with the landlord. That person would then be the lessee (the person taking over the lease). You still have to find out of your lease allows this, but a lease takeover is more of a clean break than a sublet.
Getting started
Transferring your lease may seem like traffic has parted and you’re ready to hit the gas, but first, you’re going to adjust your mirrors and check that you’ve got a full tank. Full stop on the driving metaphors, but you’ve got work to do.
Read your lease agreement
The lease may state you can’t sublet or otherwise transfer your lease to anyone else. And, if you’re allowed to sublet or do a lease transfer, you may have to pay a processing or transfer fee. You might have to let go of your security deposit or your last month’s payment.
Contact your landlord
Get it in writing that your landlord or property manager is on board with a lease takeover. Find out what your responsibilities will be. For example, do you have to find the lessee? Will you still be on the hook for rent if the lessee doesn’t pay? You may have to get your landlord to specify in writing that unpaid rent is not your burden.
Ready to do the lease takeover
You’re not done yet. The easier you make life for your landlord or property manager, the smoother your lease takeover process will be.
Find someone to take over the lease
You may not have to do this, but it will help your case.
It should go without saying that the person should have good credit and be able to pay the rent on time. The potential lessee will have to fill out a rental application and provide all the documents and background information you had to do when you began renting the apartment. Be prepared for your landlord to say no to your candidate. Have a backup person. And then another one just in case.
If you’ve made your case for your lessee candidate and your landlord is being difficult or unreasonable, you may need to find a lawyer. Look for someone who specializes in your state’s landlord-tenant laws.
Start your lessee search early
Just because it seems like everyone you know is looking for a place to live doesn’t mean they’re actually ready to find a place or put down money on something. Remember the months of scrimping, saving and organizing you had to do before you rented your place?
Word of mouth is great, particularly among friends, family, co-workers and others that you may already know. But you can also use social media to find someone. If you’re having trouble, you might think about offering to cover the first month’s rent or paying the utility bill for a couple of months.
Create an apartment listing
Write a description and take some great photos of your apartment. (A picture is worth a thousand words, they say.) Three to five images (kitchen, living room, bathroom, bedroom, common space) are probably enough. You don’t need a fancy camera to take them. Make the rooms look cozy and inviting. Clear the clutter, let in as much natural light as possible and add some flowers.
Done deal
Once you’ve got your landlord’s approval, you’ll need to create an official document of the lease transfer outlining everything you all agreed to. (You can find a lease takeover template at wonder.legal.) You, your landlord and the new tenant will all have to sign the document.
You’re free to go now
Once you’ve found the perfect person to take over your lease, and they’ve signed on all the dotted lines, you are good to go.
Now, you can floor the gas and head into your new adventure.
Source: rent.com