Am I still responsible for rent if I sign my lease over to a subleasor?

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Am I still responsible for rent if I sign my lease over to a subleasor?

My apartment complex requires the signing of a sublease agreement in addition to the new tenant signing a lease to take over the second half. I thought that as a sublease, one could still be held responsible if the sublessee fails to comply with the lease. However, the managers are telling me that once she is a legal resident at the apartment I am no longer responsible for the remainder of the lease. Are they being truthful or could they make me pay rent if she defaults? I have a copy of the agreement can type what it says if necessary.

Asked on November 16, 2011 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Thank you for the offer to type the agreement in to the space provided but really one needs to read all the agreements together - the lease and the sub lease.  I would indeed be leery here and instead of agreeing to execute a sublease I would ask them to issue you a formal cancellation of your lease agreement and make sure that it is signed by all the necessary parties.  Then the new tenant can enter in to a lease agreement for the remainder of the leasehold.  I strongly suggest that you have some one read the documents on your behalf before you sign anything.  Good luck to you.


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