What are my rights as a tenant in a joint resident lease?

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What are my rights as a tenant in a joint resident lease?

I am a young student and unable to make further payments on my lease. I briefly communicated with my landlord about the issue months ago. I have recently found someone to apply with my landlord for the remaining 5 months of my contract and suddenly my landlord is stating that this new tenant and my 2 current roommates would have to sign a new 1 year lease starting now which none of the 3 can do. My lease agreement states that assuming a lease is not an option. What else can I do?

Asked on January 22, 2012 under Real Estate Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your written lease states that you cannot sublet it, that provision may be in violation of state law in that the landlord is required to mitigate his or her damages with respect to renting out the lease to someone directly if you cannot pay for the next 5 months or agree to a sub-lease.

It is not fair for the landlord to condition the allowance of the new person to sublet the balance of your lease if he/she and the two other roommates sign a new one year lease. For the landlord to say what he/she stated, the new person must be an acceptable candidate.

I suggest that you carefully read your lease concerning the sub-lease allowance or disallowance and then consult with a landlord tenant attorney about sub-leasing out the balance of your time on the lease. My inclination is to do the sub-lease with a warning to whomever that takes it about the landlord.


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