Subleasing to end lease early

[Sheree Scheufele]

What would you do? We currently have a lease with a tenant that ends April 30th. She reached out today saying she wants to move in with her boyfriend to a bigger place with their kids & they found one they could move into Feb 1st - she asked if she could find someone to sublease to finish out her lease.. we also have on our lease no moving during winter (nov 15-mar 15). Overall she's been a great tenant, no problems, rent always early.. obviously we'd screen the new people she found first, but would you grant this & allow her to move out before the end of her lease & in winter? If the new people found seem promising, could we just end the current lease & sign a completely new lease with them so we have someone staying longer than just the last few months of her lease? THANKS!!

[Cara Lonsdale]

You CAN do any of those things.  It is YOUR place. lol
The question is whether it is wise to do so.  Your lease is the road map of your relationship with the Tenant.  Yours states that the lease is up in April, with no move-outs processed in the Winter.  That sounds like a pretty clear term.  So, if the Tenant secured another lease elsewhere before her lease term is up, she had to know that she would be responsible for the current lease.  Now, anyone can ask, because it doesn't hurt to ask, right?  However, be sure that she knows that she is on the hook for the rest of the lease per the binding contract she signed with you.

Now, if you are open to this process she is suggesting and/or you do offer terms in your lease for breaking the lease, then determine what is acceptable for you.  If breaking the lease is okay, but breaking the lease in the middle of the Winter is not, then make that your policy.  If subletting is okay, then set ground rules.  Obviously you have to approve the Tenant and screen them properly.  The Tenant needs to know that she is on the hook for the rent until an approved Tenant is found.  Be prepared as this will be a point of contention between you and the Tenant if she brings a Tenant prospect (or 5) to you and you find fault in all of them.  It may be legitimate, but she will only see it as you are not allowing her to break the lease.

Just make sure that whatever you agree to, it must be a solution for ANY of your Tenants.  Policies have to be consistent in order to avoid litigation.  So, if you are going to let her out of the lease, then you have just opened up the opportunity for lease breaking to all of your tenants.  If you allow subleasing, then it applies to all of your Tenants.  And lastly, if you allow a Tenant move-out in the Winter, you now must allow it for all Tenants.