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Updated over 8 years ago,
Tenant Breaking Lease: Sublease vs. Lease Takeover
Hi guys,
So I'm once again reaching out to BP for advice on my latest tenant issue. One of my tenants who is only 4 months into the lease has decided he needs to move closer to school. He is an inherited tenant but has been with me for 1 year and with the previous landlord for 1 year. Good tenant no trouble. He says his commute is too long (over an hr), mine is almost 1.5 hrs! Anyways, he says he realizes he's got an obligation but wants permission to bring potential tenants to me and have me put my own ads up in effort to get a new tenant.
I recently changed all my tenants lease dates to summer because I HATE worrying about turnover in Chicago winters. This is ruining that! He's asking for a favor which I don't want to go along with because I don't have time to remodel for turnover or look for a new tenant, especially when it wasn't planned. But I don't want trouble at the same time. What do I do?
I thought I could offer him to sublease the unit. This would make him responsible for the legwork and if somebody is qualified then they could just move in, subject to my approval. With subleasing, would they have any agreement with me? Or his lease stands and he creates a separate lease with them and he is thier landlord. I don't like the sound of that.
Would you advise for me to propose he finds another tenant for a "lease takeover." That way I keep my same lease terms/date, I am the landlord for the new tenant, he does the legwork of bringing potential tenants. Am I obligated to do any work to find a tenant JUST because he wants to break the lease?
What do I do?