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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 750
Experience:  Founding Partner at Moises Law, P.A.
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I am 1/2 way through my year lease and my wife and I found a

Customer Question

I am 1/2 way through my year lease and my wife and I found a home we want to purchase. I asked my landlord to let me out of my lease and he refused. He told me i can find a new renter but he wants to raise the monthly rent $225 per month and increase the deposit and triple the deposit for animals. Is this legal or is he supposed to honor my existing contracted rent rate?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. First of all, is there anything in your contract about sub-renters, also called a sub-lease, perhaps? If so, what?

OR, is it completely silent on sub-renters/sub-leasers?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
says no subleasing. After speaking with landlord he said I must find a new renter and Im fine with that. Im upset that he is asking me to find a renter willing to pay $225 a month more than what Im paying. It doesnt seem fair to ask more than fair market and make me pay each month the house isnt rented out. I wouldnt pay that price to rent this house and Im concerned nobody else will either
Customer: replied 1 year ago.
Someone called my phone while I was sending my response. Where you still able to receive it? Thanks
Expert:  Ely replied 1 year ago.

Hello,

I am still here. One second while I type out the answer....

Expert:  Ely replied 1 year ago.

If the contract is silent, then it falls to state doctrine for subleasing. WA landlord/tenant statutory law is silent on subleasing - see HERE. As such, it is generally allowed unless specifically disallowed by the contract. However, while the landlord HAS NO RIGHT to demand more payment, they can demand to reasonably vet the applicant to ensure that it is not someone who would otherwise not qualify to rent under their conditions.

So the landlord cannot stop someone from subletting, but they can demand that the sub-leaser be a reasonable party who would qualify. Also, the landlord cannot charge more rent or add rent or a deposit for animals.

Finally know that the original renter, someone in your situation would still be liable to the landlord for any rent that is not paid.

Also, know that subleasing and assignment are two different things, and are often confused. See HERE.

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
Hey Ely are you still there or did we disconnect somehow?
Expert:  Ely replied 1 year ago.

I am online. Did you see my answer? If not, I am re-posting it now:

If the contract is silent, then it falls to state doctrine for subleasing. WA landlord/tenant statutory law is silent on subleasing - see HERE. As such, it falls under common law doctrine which states that it is generally allowed unless specifically disallowed by the contract. However, while the landlord HAS NO RIGHT to demand more payment, they can demand to reasonably vet the applicant to ensure that it is not someone who would otherwise not qualify to rent under their conditions.

So the landlord cannot stop someone from subletting, but they can demand that the sub-leaser be a reasonable party who would qualify. Also, the landlord cannot charge more rent or add rent or a deposit for animals.

Finally know that the original renter, someone in your situation would still be liable to the landlord for any rent that is not paid.

Also, know that subleasing and assignment are two different things, and are often confused. See HERE.

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
If there isnt legal advice given then please do not charge me for this session! Tory
Expert:  Ely replied 1 year ago.

Tory,

There are numerous disclaimers throughout the site that this is not legal advice. And, the information I provided was still true and correct. As such, you collected the information and are now asking for a refund. After already seeing all the disclaimers but not objecting to them until you received the information you sought.

All the best to you in your matter.

Expert:  MIAMILAW1127 replied 1 year ago.

Hey Tory,

New expert here. Is there any way I can assist you or did Ely already answer all your questions?