Am I still responsible for rent if I sign my lease over to a subleasor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.