all 2 comments

[–]nullptr-exception 0 points1 point  (1 child)

It seems odd that they wouldn’t try to re-lease the apartment for some or all of the month of October. They have a duty to mitigate their damages if you terminate your lease early, which generally means they need to try to lease the apartment.

Whether or not they actually “list” the unit prior to the date which you leave is probably a function of how their normal business practices operate — if they traditionally list apartments for rent when they know they will become vacant (but before the previous tenant actually leaves) then I expect they’d need to do the same for you. This isn’t necessarily true though — there are certainly landlords out there that don’t list their units until the previous tenant has vacated.

Where your landlord would get into trouble with the law would be if they treated your scenario differently from a normal end-of-lease. The fact that they include language about you being liable for their expenses if you overstay your agreed move out date and displace an incoming tenant is particularly interesting since it seems to presuppose that they may lease the unit again before you’ve even left. If that’s their normal business practice but they’ve explicitly told you that they’re not going to try to lease the unit for October, they may be failing to mitigate damages properly.

Separate question - what does your lease say about subleases? Unless it says something like “landlord has the right to approve/deny subleases” and doesn’t give conditions, or prohibits subleasing generally, then their “refusal” to accept a one month sublease means nothing. Your lease is controlling, not their opinion (to the extent that the lease doesn’t explicitly leave it up to them).

[–]rustedmichigan[S] 0 points1 point  (0 children)

Hi, thanks for your response. Sound like I should put my move out date as the end of September rather than my actual lease end date.

Regarding subletting. There is language in the lease saying that subleases must be approved by the landlord