Q: How can we get out of our lease?!
We are trying to get out of our lease as we just put an offer in on a house. The landlord is refusing to work with us to get out even though we have a new tenant lined up. Also the lease states we can sublease and cant be unreasonably withheld. They are not giving us any reason why they won't let us sublease and won't even answer our texts or calls. Please help!
A:
If the lease states that you may sublease, then the landlord is breaching the lease. Such a breach may allow you to get out of contract altogether.
That being said, your question is really an economic one. If it is in your economic interest to break the lease you should. One consideration is the likelihood that you would be sued. That is, that you would have to spend money defending a lawsuit. Another consideration is the likelihood that you would lose; and another is likely margin of the loss. I find that it is often in the tenant's economic interest to break the lease because it unlikely the landlord will sue and even if they do landlords have duty to try to re-rent the space.
In your case, you would be able to present evidence that another tenant would have rented the space if given the opportunity; and further that the landlord caused the lost rent by not allowing you to sublease pursuant to the lease terms.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
