Boise, ID asked in Real Estate Law for Idaho

Q: Did I almost flease someone?

I'm trying to transfer the lease on my apartment. I've been telling applicants that the rate is 789 for the next six months at which point they will have to renew.

My landlord, without telling me, apparently had the transfer lease set for until July of 2022 and the rate would increase to 825 in August. A difference of 1 year and 9,900$.

Naturally, I'm making sure people know the truth from now on, but had someone signed onto my lease, would I have been on the hook for a lawsuite?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say about the rent? What does it say about subleasing? Many lease agreements forbid "subleasing," on the premise that it was YOUR credit history the landlord was willing to "bet on," that you would make the payments in full and on time. So, a "subleasor" has NO agreement with the Landlord. His agreement is with only you. So, first answer is that the Landlord can set rent to any amount he wants with someone he does not have a contract with. If someone had "subleased" from you and failed to pay the increased rent, you're correct that you would have been liable for it, on the theory that your original contract has a clause in it saying the LL can raise the rent at the expiration of the original term, not any contract he has with a sub-renter of yours that he's never seen.

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