Breaking a lease, found somone to take over, but landlord refuses

[takhyon]

I have rented an apartment in Prince Georges county in Maryland and signed a standard 1 year lease. It's been about 4 months and due to health reasons, I need to move to Florida.

The lease says I can transfer the lease to someone else with written permission from the management. I found someone ready to take over my lease, but when I went to the management to find out the procedure, they said they would not do it. I pointed out the clause, she said that's only if they give me written permission and they would not do it. They have vacant units and they would rent out those.

The lease agreement does not allow sub-leasing, either. What can I do?

 

[Yossarian]

nothing?

 

[HN]

slip'em a C-note

 

[MoPHo]

Kill your landlord w/ a giant piece of meat and then feed it to the cops when they come over trying to solve the mystery.

 

[Zysoclaplem]

Well if you have to move for health reasons, and you were told that you could leave if you found someone to take your lease, and you did, and they refuse, take them to court.
Did they give you a reason why they are refusing? Do they realize that you need to leave for health reasons?

 

[jaedaliu]

you can write a letter to the owner of the apartment, but odds are he's big business and doesn't care

or you could start doing drugs, go insane, threaten to kill your girlfriend, have your girlfriend run naked, outside to the neighbors and call 911 fromt he neighbors' house, and then get arrested and get a restraining order put on you......


..... and get evicted.

another not so good option is to talk to the management company and let them know that you're going to die if you don't move, so you're ignoring the fact that they're going to destroy your credit, and going to move anyways. In the mean-time, you've found them someone to pay 12 months of rent, and they should give you some sort of compensation.

 

[Phoenix86]

Moving for heath reasons... That may be a legal reason to break the lease, check you local laws.

 

[BrianH1]

ask a lawyer.

 

[RGUN]

Are you sure you cant sublet? Im pretty sure here in Ontario it is illegal to stop someone from subletting.

 

[drinkmorejava]

just get evicted

 

[Cdubneeddeal]

Originally posted by: drinkmorejava
just get evicted

:thumbsdown: Bad idea. You wouldn't want to have an eviction on your record. I hope you were being sarcastic

 

[GuitarDaddy]

Originally posted by: takhyon
I have rented an apartment in Prince Georges county in Maryland and signed a standard 1 year lease. It's been about 4 months and due to health reasons, I need to move to Florida.

The lease says I can transfer the lease to someone else with written permission from the management. I found someone ready to take over my lease, but when I went to the management to find out the procedure, they said they would not do it. I pointed out the clause, she said that's only if they give me written permission and they would not do it. They have vacant units and they would rent out those.

The lease agreement does not allow sub-leasing, either. What can I do?

They are obviously doing this because they are desperate for occupancy, and they think if they play tough you may stay for the lease term.
I would try again and put it to them this way.

I will be moving I have no choice, and furthermore I will not be able to pay the rent. So you as the leasor have two choices.

1. Give me the written permision to transfer the lease, and collect 8 months of rent from the other guy.

2. Take me to court for breaking the lease in which case you will incur legal fees and get nothing because I have nothing to get, and possibly miss out on 8 months of rent.

 

[spacejamz]

Originally posted by: takhyon
she said that's only if they give me written permission and they would not do it.

Is this piece about obtaining written permission in the lease you signed? If so, you might be out of luck.

If it is not, then there ya go....

 

[DBL]

Originally posted by: takhyon
I have rented an apartment in Prince Georges county in Maryland and signed a standard 1 year lease. It's been about 4 months and due to health reasons, I need to move to Florida.

The lease says I can transfer the lease to someone else with written permission from the management. I found someone ready to take over my lease, but when I went to the management to find out the procedure, they said they would not do it. I pointed out the clause, she said that's only if they give me written permission and they would not do it. They have vacant units and they would rent out those.

The lease agreement does not allow sub-leasing, either. What can I do?

This stuff is always State dependant. Look here.

Citation Julian v. Christopher, 320 Md. 1, 575 A.2d 735 (1990)

Specifically...

(a) Yes. Under Maryland law, a landlord is prohibited from
unreasonably withholding consent to a sublease or assignment when a clause in a lease requires the landlord's consent but is silent with respect to permissible reasons for refusal.

What does your lease say? Does it give actual reasons for refusal? If not, your case appears to be strong.

I would send a certified letter stating you need to move for health reasons and you are therefore giving 30 days notice. In addition, it would help if you gave the name and address of the person who is available to sub-lease. Perhaps you could sign a sub-lease agreement with them in the meantime (subject to the Landlords approval)? Then also include the ruling linked above which shows them to have a weak case.

 

[Wapp]

Originally posted by: GuitarDaddy

Originally posted by: takhyon
I have rented an apartment in Prince Georges county in Maryland and signed a standard 1 year lease. It's been about 4 months and due to health reasons, I need to move to Florida.

The lease says I can transfer the lease to someone else with written permission from the management. I found someone ready to take over my lease, but when I went to the management to find out the procedure, they said they would not do it. I pointed out the clause, she said that's only if they give me written permission and they would not do it. They have vacant units and they would rent out those.

The lease agreement does not allow sub-leasing, either. What can I do?

They are obviously doing this because they are desperate for occupancy, and they think if they play tough you may stay for the lease term.

Exactly my thoughts, who the fvck wants to live in PG county?

Just kill your landlord, considering PGPD's workload, by the time they get around to investigating it we'll all be long dead.

 

[swimscubasteve]

Leave, then see if they come sue you in FL (hint: they won't).

 

[Phoenix86]

Originally posted by: DBL
Citation Julian v. Christopher, 320 Md. 1, 575 A.2d 735 (1990)

Specifically...

(a) Yes. Under Maryland law, a landlord is prohibited from
unreasonably withholding consent to a sublease or assignment when a clause in a lease requires the landlord's consent but is silent with respect to permissible reasons for refusal.

Excellent find.

1. Print.
2. Own the landlord.
3. Profit.

 

[dirtboy]

I'd say there is nothing you can do. You are bound to the contract you signed and they are under no obligations to accept the new person unless they choose to. As you said, with vacancies, it is likely they would want to fill them first.

You can always walk away. Perhaps you can get something from a doctor stating your medical reason and why you should go to FL in case a future leasor wants to know what happened.

 

[Hossenfeffer]

Lawyer consultation

 

Get a lawyer. Your health reasons present a strong case.

I'd say there is nothing you can do. You are bound to the contract you signed and they are under no obligations to accept the new person unless they choose to. As you said, with vacancies, it is likely they would want to fill them first.

Not reading the threads today I take it?

If it's a major problem, sub-lease it without the landlord knowing and keep sending the checks in your name. hehehe

 

[dainthomas]

Originally posted by: SampSon
Get a lawyer. Your health reasons present a strong case.

I'd say there is nothing you can do. You are bound to the contract you signed and they are under no obligations to accept the new person unless they choose to. As you said, with vacancies, it is likely they would want to fill them first.

Not reading the threads today I take it?

If it's a major problem, sub-lease it without the landlord knowing and keep sending the checks in your name. hehehe

And if they ask who's living in your apartment, tell them he's housesitting while you're on vacation. For eight months. With all of your furniture.

 

[spidey07]

screw them...just move out.

 

Originally posted by: dainthomas

Originally posted by: SampSon
Get a lawyer. Your health reasons present a strong case.

I'd say there is nothing you can do. You are bound to the contract you signed and they are under no obligations to accept the new person unless they choose to. As you said, with vacancies, it is likely they would want to fill them first.

Not reading the threads today I take it?

If it's a major problem, sub-lease it without the landlord knowing and keep sending the checks in your name. hehehe

And if they ask who's living in your apartment, tell them he's housesitting while you're on vacation. For eight months. With all of your furniture.

Sure that would work.
Claim that he joined the armed forces and was shipped off to some base.

 

[takhyon]

Very good point on MD law about subletting.

If I were to walk away, wouldn't that mess up my credit history?

As for the health reason, you're liable for the lease even if you die!!! So, I doubt if that would fly.

 

[waggy]

Originally posted by: takhyon
Very good point on MD law about subletting.

If I were to walk away, wouldn't that mess up my credit history?

As for the health reason, you're liable for the lease even if you die!!! So, I doubt if that would fly.

uh. how can you be lieable for the elase if you die?