Do I have the right to transfer my appartment lease to a qualified tenant?
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Do I have the right to transfer my appartment lease to a qualified tenant?
The leasing department says they do not allow it.
Asked on February 14, 2011 under Real Estate Law, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A lease is a contract between landlord and tenant. Since the landlord prohibits a sublease, you would NOT be able to sublease (transfer your lease to another). If you went ahead with the sublease, the landlord could sue you for the breach of the lease and seek monetary damages. You could also be sued by the sublessee if the sublease is invalid.
If you are not retaining any interest in the lease, the transfer of your lease would be an assignment instead of a sublease. Although an argument can be made that if your original lease prohibits sublease, it does not prohibit assignment or vice versa, I would NOT recommend you proceeding with the transfer whether it is characterized as an assignment or sublease because your landlord has prohibited the transfer. Again, if you proceed with the transfer, you could be sued by the landlord for breach of your lease and the assignee (the person to whom you transfer the lease) could also sue you if the assignment is invalid.
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