How do I prove my landlord is being unreasonable in approving a new tenant for a sublet/lease assumption?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I prove my landlord is being unreasonable in approving a new tenant for a sublet/lease assumption?
I have 8 months left on my lease, and looking to sublet/assign my lease (I’m, as long as the landlord approves). My landlord is stating that every applicant/tenant must sign a 1 year lease, have excellent credit, have a high salary, and he will not accept guarantors. He has turned down 2 of our applicants (1 for only wanting the remaining 8 months, the other because one of the two tenants needed a guarantor). We have lost a few other potential candidates because he doesn’t accept guarantors. Is he in any way being unreasonable (particularly with the 1 year new lease)?
Asked on August 15, 2012 under Real Estate Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No he is absolutely not being unreasonable. He is actually being quite unreasonable allowing you to get out of your contract. He needs to protect his financial interests but also must mitigate his damages, too. So, if you move out, you are indeed responsible for the remainder of the lease but he must reasonably mitigate his damage. Use that for what it is worth but if he wants to ensure someone is there long term or a minimum term of one year and is financially sound, then there should be no issue there.
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.