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Updated over 3 years ago on . Most recent reply
![Eric Andersen's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/1152996/1640560684-avatar-erica168.jpg?twic=v1/output=image/crop=2969x2969@530x0/cover=128x128&v=2)
Tenant wants out of 1 year lease - offers to sublet
Hi there,
I have a 2bed 1bath in South Lake Tahoe, CA and the tenant is on a 1 year lease which started in April 2021. She is the only one on the lease and has a roommate, but wants to move to another city by September 1st. She has offered to sublet or find someone to take over the lease. I'm trying to determine my best route forward. Any advice?
If I sublet does the new tenant pay the old tenant who pays me? Is there more risk since more parties are involved? What would you suggest? Having the replacement she finds sign a new 1 year lease?
I don't have a penalty for breaking the lease noted in the contract. Thanks for your time and advice. I'm new to this and learning lots.
Thanks,
Eric
Most Popular Reply
![Dan Maciejewski's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/525163/1621481409-avatar-danm80.jpg?twic=v1/output=image/cover=128x128&v=2)
1. I would let them out of the lease with no stress, BUT let them know they are responsible for my lease break fee. Mine is 2 months unless I let it earlier, which I always do -- so really one month. You don't have a lease break fee -- in my state, it means they are responsible for the lease until it's re-rented, I don't know about yours. If I was in your shoes, I would chalk that up to the cost of a lesson and let them out and re-lease ASAP.
2. NO subletting! I find and vet my own tenants. Their incentives are vastly different than yours -- they want a warm body, you want a great tenant.
- Dan Maciejewski
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