Re: Tenant Breaking Lease - Landlord Forum thread 326038

Re: Tenant Breaking Lease by Anonymous on October 21, 2014 @03:00

Take a step back, you are involving yourself more then is needed. You have a couple options.

1. Your tenant sublets the property in which case they are essentially renting the home you are renting to them but are still entirely responsible for the rent every month. You do not release the SD to tenant one. They are still the tenant responsible for the preformance of the lease, and still the tenant by contract. You should have zero involvement in the sublease, if you approve the subtenant then a judge will treat it as if you had signed the original lease with the subtenant and release tenant one from responsibility.

Or

2. You tell them that if they break the lease you will pursue all rents owed to you under the law.

Your lease allows your tenant to sublease or it doesn't either way it's still tenant one's responsibility to get rent paid to you. If not you pursue them in court if needed.

My solution would be to tell them you will screen the tenant they provided. If tenant two doesn't qualify, you tell the tenant one they are responsible for the obligations under the lease until you find someone to rent it.

Unfortunately, you don't get to have it both ways. If you accept tenant number two you sign a lease with them and tenant one is released from any responsibility.

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