Can someone replace me on my lease? ‘Break’ my lease?

Posted on May 24, 2017

You cannot be removed from a lease once you have signed the contract. You may have someone take your spot in the unit; however, you remain obligated to the lease terms and conditions.

We understand that situations change, life happens…. There may be times when you think you will be here, and for whatever reason you no longer will be, or you decide to live somewhere else. We totally get it.

There is no “breaking” of the lease

However, we have a legal agreement and there are no stipulations for ‘breaking’ your lease. Your sole recourse is to pay the full amount of the lease.

You may sublease to or, sometimes, “add on” a person

On the other hand, you have some options and we’ll help make them as painless as possible…

  • Subleasing. You may sublease your spot to someone else.
  • Adding on. In some situations, usually limited to special circumstances before the lessees take possession of the unit, you may also have an additional person sign directly onto the lease, and thereby avoiding the sublease paperwork and fees. And the person living in the unit in your place has the benefit of being directly on the lease versus being a sublessee. In cases where someone signs onto the lease, you give up the right to live at the premises and the remaining lessees may release you from your financial obligation to them. This would mean they would not hold you accountable for whatever you agreed to pay amongst yourselves.

In either of these cases, you remain a party to the original lease. This means that, should the worst happen, and your unit ends up being taken to court for some reason, you would be a party to any such action.

Have us help you sublet

If you are not willing or able to honor your agreement, and the two options above do not work for you, you may work with us and sign a subletting form. Effectively, you agree to allow us to re-market your unit, and to cover the costs of that re-marketing, costs we would not otherwise have if you did not wish to no longer honor your legal agreement. We are happy to help with this, will show the place, and treat it just like any other available unit. Please note, depending on timing of your notification (especially in relation to the busiest leasing seasons), and other market conditions, we cannot guarantee that we can re-let your place, nor that if we can, it will be at the same rate that you let it for.

If we cannot do so, you would remain responsible for ensuring we are not harmed by your desire to not honor your agreement.

And that’s what it all basically boils down to: we understand life may change, but we have leasing agreements to ensure you have a place to live AND to ensure we do not lose money on situations where life changes….