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Unreasonable refusal to sublease

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Unreasonable refusal to sublease

Postby billjohnson908 » Mon Aug 06, 2012 4:26 pm

Hello everyone,
I will be moving out of my apartment 2 months before the end of my lease. I have provided the LL with a sublease candidate who meets the income qualifications for the apartment, but has poor credit from the past. This subleaser has agreed to pay the remaining 2 months of rent + security depsoit up front. The LL has refused this arrangement and has refused to allow this sublease. Do you think this constitutes unreasonable refusal to sublease? Any thoughts would be appreciated. Thank you!
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Postby TenantNet » Mon Aug 06, 2012 6:00 pm

First, if Bill Johnson is your real name, change your user name. You're asking for trouble. Your LL is probably watching.

Let's see, you're saying that you will have a sublet for two months and after that, your lease is over and you don't plan on renewing?

Despite the LL's objections, which do seem unreasonable, you might consider just going ahead and subletting. Here's the bottom line: if the LL even finds out you're subletting and objects, he needs to send you a Notice to Cure (if rent stab), Notice of Termination and then commence a Summary Proceeding in Housing Court. That can take some time.

This time of the year Housing Court is backed-up 1-2 months as all the judges are on vacation. In my opinion, by the time he does anything about it, the two month sublet will be over and you'll be out. Of course, if the sublet refuses to vacate, then you have a problem.

This is a possible strategy, but I would do this only if you know what you are doing. It could backfire.
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Postby ronin » Sun Aug 12, 2012 2:08 am

Tenant's suggestion is a good one, and his warning notes are not to be ignored.

If the sublessee refuses to vacate you could find yourself paying for each month he stays plus attorney's fees to put him out.

The LL is also not being very unreasonable in my opinion. At the very end of a lease a sublessee is a risky proposition for everyone involved. Unless the sublessee is attractive to the LL as a permanent tenant, the overwhelming feeling is that the tenant has abandoned him and left an unknown in his place. The tenant has no cares in the world and walks away, while the LL worries what could happen next. If the sublessee stays on after the end of your lease and refuses to pay, the LL (and eventually you) will suffer as a result.

Credit reports are a poor indicator of anything anyway and should be outlawed for housing, but this is what is used now. Your sublessee is a risk even if he had perfect credit.
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Postby TenantNet » Sun Aug 12, 2012 3:42 am

Ronin,

What you raise might represent a LLs convoluted thinking, to a court it might seem reasonable. But would the LL consider an assignment? Or would the LL allow the tenant out of the lease early? If not, then the tenant's only recourse is to sublet or pay for a unit he's not using (plus the cost of a new place) and possibly lose his security. The tenant needs options here.
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Postby Emeraldstar » Sun Aug 12, 2012 11:21 pm

Hi All
Just my view... if LL is thinking about renovating the apt that poses a problem at the end of the lease should the sub want the apt. Even with proper credit & ability to cover increase it means relocating for duration of reno. That may be why LL is unreasonable. I agree with TN for the two months in theory. If the op in trying help another get into the apt. see if the LL will accept a take as is on a new lease at the end of the two months. If not consider the risk since at that point the LL will know and most certainly be pissed. But if two months is all the sub truly needs then then they can flip the bird at the LL on the way out at the end of lease.
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Postby TenantNet » Mon Aug 13, 2012 3:45 am

Emerald, the LL cannot just waltz in and renovate (as opposed to regular maintenance or repairs). If there's a sublet, the tenant still has possession. that's not really an issue.
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Postby Emeraldstar » Mon Aug 13, 2012 8:40 pm

Hi All
TN I ment the LL may be thinking ahead to reno at the end of the lease. You know how LL's love to justify big $ increases with fat padded costs of renos :wink:
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Postby ronin » Fri Aug 24, 2012 12:27 am

Tenant
I agree that the tenant needs options. I'm just saying that from what he put up it didn't strike me as unreasonable. Particularly with only 2 months left. But I would have tried a couple of applicants for sublease.. Then you can say it was unreasonable.

Also, it is the very short remaining time on the lease that seems very problematic to me. This sort of thing seems like the tenant should have taken in a "roommate" for the last two months while he's away on vacation. There's no time left for LL court action and the tenant carries the ball to the finish line.

The difference is one of who's responsible in the end.
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