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Situation: I don't want to renew my lease, but found a place that's available 2 months before my current expires.

My solution: I found a replacement tenant, and offered to do whatever cleaning is necessary for them to move in. The unit would be vacant for 0 days. I also am willing to remain legally responsible for rent, and wait 2 months to get my deposit back. I'm not sure if I could be more accommodating as a tenant.

Result: Refusal. The manager said I cannot terminate or sublet. They did say I could pay the remaining 2 months rent up front and end the lease.

The lease: My lease explicitly disallows early termination by the tenant. Period. The lease is silent on subletting though. Not sure if it matters, but there is a "use" clause restricting, the use to residential property by myself and wife.

Question: Can I legally allow my replacement tenant to move in, pay rent to me, and I pay the landlord? It doesn't seem right that the landlord can verbally add sublet restrictions not listed in the lease.

Caveat: I realize I can just do this without the landlord's notice, and they all they could do is evict / terminate the lease, and they probably wouldn't. I'm not afraid of that risk, but I'd rather not actually break the law even if I can technically get away with it.

Also, I live in Atlanta, Georgia.

Dylan Cross
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1 Answers1

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Break the lease.

Leave early and advise the agent, "I am leaving early in breach of the lease, I have found person X (references and police check attached) who is ready, willing and able to sign a lease on the same terms and conditions for the balance of my term or longer. I freely acknowledge that this is a breach of the contract but, in the circumstances the landlord has suffered no damage; I am willing to settle any claim for breach of contract for $1."

Dale M
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