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Replacing myself on the lease/extended stay

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Replacing myself on the lease/extended stay

Postby lollyadverb » Thu Jan 31, 2013 2:23 pm

I currently share a two-bedroom apartment with one other person, and we're both on the lease. I'm about to move out soon (a spot is opening up in a friend's cheaper apartment in the same neighborhood) but my roommate plans on staying through until the lease is over. However, once the lease is up, she wants to also move, which is in six months. We found somebody to take my place for the remainder of the lease. I want to tell the landlord because our lease says no subletting; however, she is concerned that if we tell the landlord, he'll make the two of them sign a new lease, and that it'll be for a year, which she doesn't want since she also wants to leave in six months. Should we tell the landlord? Can I just be replaced on our current lease? And if we don't tell, and he finds out, will i/we get in trouble? I'm not concerned with the new roommate flaking out on rent or damaging the place.
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Postby TenantNet » Thu Jan 31, 2013 3:06 pm

You have a right to sublet, but you're talking about having the other roommate get a new roommate. That's not subletting. That's a roommate situation. And that too, is allowed by law no matter what the LL says. It's in the Real Property Law. And see the articles on Roommates on this site.

You don't need to tell the landlord about the new person. But if the LL asks, then you have to tell him.

If you are in the middle of a lease, the LL can't just end that and force you to sign a new lease.

The new person would be a roommate to your other/old roommate. The new person does not need to be on the lease, although they should put together a private agreement between the two. And remember, just because you are moving out, that does not end your obligations under the lease. You and your old roommate are still both obligated to the lease.
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