Subletting question

[Cold Blooded]

Current situation:

-Renting 2BR/1BA apartment in East Bay area.
-Owners are highly conservative elderly couple, English not their first language.
-On 8th month of 12-month lease

Woman is 6 months pregnant and needs larger apartment with 2BA.

We have found a dream apartment, also in East Bay area (but with much better schools) that requires move-in by 8/15.

Would like to move into new apartment and sublet current apartment for next 3 months. Ideal scenario is subletting for remaining months and re-collecting initial lease deposit, then bid original landlords farewell and never see them again.

Due to poor planning, have not so much as discussed subletting or moving out with current apartment's owners, however.

Wondering how common/acceptable it is to sublet, especially for highly conservative landlords.

Assuming we'll be kissing our deposit good-bye if things go south, but also concerned landlord might try to take some kind of legal action if we leave the apartment early? Worst-case scenario seems to be we move out, stop paying rent, they keep our deposit and have some hurt feelings...But just want to make sure we don't expose ourselves further.

Thanks in advance.

[BennyProfane]

The first thing I would do would be to read your lease agreement carefully. Many of them specifically prohibit sub-leasing.

[Aeon221]

Subletting answer -- don't do it!

I could go into all the reasons it's a bad idea, but seriously, save yourself some headache and just find another way out.

[spiffy]

start an accidental fire in your old place, and blame it on a cigarrette smoking hobo while rooting for bottles in your recycling bin.

[stusser]

Sublet for 3 months? Are you crazy?

Talk to your landlords and offer to find new renters for the apartment in exchange for your security deposit. Then post pictures on craigslist, show the place, etc.

I wouldn't worry about legal action. It's technically possible for them to force you to pay those 3 months rent, but very unlikely to be worth their time. Worst case realistic scenario is indeed losing your deposit.

[spiffy]

... that's what we did. Told our landlord we were leaving early, found a new tenant, cleaned up really well. He appreciated the work we did in minimizing his hassle, and let us keep the deposit.

[Marcus]

yup I did the same thing. Just talk to them an explain it.

[Sol Invictus]

Just talk to them, seriously. I'm sure they'll let you off the hook. They'd have to be complete douchebags to withhold your deposit.

[noun]

Your landlord will let you leave if you relinquish your deposit. Expecting your landlord to let you break the lease AND give you your deposit back is a bit much. That's, like, the whole point of a deposit.

[Lorini]

In CA, unless they've changed the law in the last 4 years or so, and I usually keep up on this, but I haven't looked lately, you can break your lease. However, you will be responsible for the rent until the landlord leases the apartment again. The landlord must make a reasonable effort to find new tenants, but if they don't find new tenants then you will have to pay the rent.

Instead of subletting, just break the lease. If you can find someone to sublet, then you should be able to find someone to rent the place anyway. The only way this doesn't work is if the people you want to sublet to don't have good credit and the landlord won't accept them. In that case, you shouldn't be subletting to them anyway.

If you try to sublet without breaking the lease, then the people in the apartment will not have a legal contract with the landlord/owners and that will be a real problem if something bad happens. For example if they don't pay the rent, you're still liable for the rent. If they tear up the place, you are liable for all the damage. And if your lease specifically prohibits subletting (which nearly any landlord who knows anything will prohibit) then you could be subject to even more penalties.

Note, IANAL and this can't be legal advice, just information. I just was an owner/landlord in CA for many years.

Also, in CA the deposit is not part of this issue, if I recall correctly. If you break the lease, and then don't pay the rent if it again becomes due, then the landlord could take the rent from your deposit. If you left, but continued to pay the rent for as long as you had to, then I don't think the landlord can take your deposit. CA law is very very picky about exactly when deposits can be used by a landlord. Check with your local Tenant's Rights association to be positive though.

[jerri blank]

IAAL, and Lorini's take on it is spot-on. Can you afford to pay double rent? If not, the landlord can take you to court and get a judgment for the unpaid rent, and that won't look too good on your credit when you rent again or try to buy. But maybe you can work something out.

[Cold Blooded]

IAAL, and Lorini's take on it is spot-on. Can you afford to pay double rent? If not, the landlord can take you to court and get a judgment for the unpaid rent, and that won't look too good on your credit when you rent again or try to buy. But maybe you can work something out.

Apologies for bumping thread again, but am prepared to relinquish deposit if need be. Lease has 3 months on it, and the sum of 3 months' rent is in excess of deposit amount.

However, if we cannot come to an agreement and even after landlord keeps deposit, landlord would still be within rights to file some sort of complaint that will ding my credit score??

[Lunch of Kong]

Some landlords will be reasonable and let you break a lease in exchange for 1 months rent + your deposit.

[Lunch of Kong]

However, if we cannot come to an agreement and even after landlord keeps deposit, landlord would still be within rights to file some sort of complaint that will ding my credit score??

Well, if you refuse to pay them the rent you owe them on the months remaining on the lease, yes.

Now, if you gave the landlord the 6-months rent you owe as a lump sum, and someone moved in 2 weeks after, you'd be in the position to sue the landlord if he did not return 5-1/2 months worth of rent to you. You are only liable for the portion of rent you would pay for the duration the property remains vacant.

Check your law. Google for california property code and breaking california lease and stuff like that.

Also, talk to your landlord. Like I said, some landlords will be reasonable enough to let you out for your deposit + 1 months rent. Then you can carry on with your life and not worry about it.

[Lorini]

In CA the landlord can only keep the amount of deposit that he actually sustained as a loss. I really do recommend you talking with your local Tenants Rights association; there may even be one staffed by attorneys, there are down here. I would talk with them before I talked to the landlord; this way you'll feel more confident in the conversation.

[Lorini]

Some landlords will be reasonable and let you break a lease in exchange for 1 months rent + your deposit.

In CA it has nothing to do with that. If you give notice, and the landlord finds someone to rent your apartment the next day, you owe nothing more than the rent you would have normally owed. So it doesn't make sense to offer that at this point. Unless the apartment is so overpriced you don't think the landlord can find someone to fill it. But in that case, the landlord probably won't accept that offer anyway.

[stusser]

All that crap is unnecessary. Just offer to find them a new tenant. They get to raise the rent early, the apartment isn't left lying fallow, and everybody wins.