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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27198
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a lease with my landlord year. I am 5 months down the

Customer Question

I have a lease with my landlord for one year . I am 5 months down the lease.
1. THere is a construction going next to the property and the sounds from there are really bad. There is no way to control the noise. My wife recently got pregnant and she has become very sensitive to lot of stuff , noise being one of them. She is not able to sleep well at all because of the noise and it is bothering me for the health of my wife and kid.
2. With the baby coming the neighbourhood is not really baby friendly (Very aggressive homeless community ) .
3. The rent is steep considering the baby coming.
Considering the above reasons, I approached the landlord saying I would find another tenant and if they could help us with a lease take over. I confirmed I would be doing the work to find a good tenant (background/criminal/credit score check) etc and then forward the details to the owner to choose. But the landlord is not helping. They are asking is to pay the agent a months of rent and 3 months of rent in advance to do that. I am kind of stuck and worried. Is there something I can do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. If you were to vacate the unit, the landlord would have a legal obligation to mitigate damages and try and find another tenant. You could be responsible for the rent until this happens, so that is one thing to be aware of. However, if you need to vacate and can bring a tenant who is ready, willing and able to take over and they would qualify normally, you could have a defense and claim to make that the landlord is acting in bad faith, by not allowing your to sublease. If this is effecting your wife's pregnancy, you may want to get a letter from the doctor advising of the same, so the vacancy would be for medical reasons and a give you a stronger ground to vacate and force the hand of the landlord, to allow someone else to move in. Ideally, you could settle with the landlord, so maybe you want to make a counter offer and agree to 2 months rent ( which is common) and to pay the realtor fee which they would have to pay, unless you can find someone to come and sign a new one year lease.

Customer: replied 1 year ago.
1. I think I can get a medical letter for issues that my wife is having. The doctors know this already.
2. I don't think I can afford to pay them 2 months rent at this time and I don't think that is an option.
3. Only think I can do is to find someone for taking over the lease and do all i can make this happen.Are there any options I have to be able to do this legally ?
Expert:  RealEstateAnswer replied 1 year ago.

It is a tough situation if you have no money to pay a penalty and break the lease, so you really need to convince the landlord that it is medically necessary to break the lease and then try and find someone to sign a new lease, so the landlord can not come back and necessarily argue any loss or damages

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 1 year ago.
I want to discuss this with my wife and get back to you. Thank You.
Expert:  RealEstateAnswer replied 1 year ago.

Not a problem. I just kindly ask that you rate my help, so I can get the proper credit from the site. I am here to help, so just let me know.

Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I have not heard back from you so wanted to see if there was anything else.

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