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Assigning is very similar to subleasing, but subleasing is only temporary and usually for a short period of time. With subleases, the original tenant is intended to return to the residence. When you assign your lease, you permanently sign over your residence to another tenant. Landlords may prefer a lease assignment over a sublet. Advertise your listing and come up with a handful of names for your landlord. This way, your landlord can choose the best candidate to live on his or her property. Both you and the assignee are responsible for the terms and conditions of the lease. You can request your landlord to release you from these responsibilities in writing. Make sure that you, the new tenant, and your landlord all sign a document stating that the new tenant is now responsible for paying rent, and that you are released from any obligation under the lease. If you do not sign an agreement with the new tenant, they could leave the residence and you would still be obligated to pay the rent that was left unpaid, as well as cover any damages. If your landlord knowingly accepts rent from the assignee, s/he is generally required to honor a lease assignment even if s/he did not give permission for it. If your landlord will not allow a new tenant to completely wipe out your obligation to pay if the new tenant does not pay, make sure that you sign a separate agreement with the new tenant. Although you would still be responsible to your landlord for any unpaid rent, you could sue the new tenant for the unpaid rent. You may be surprised that your landlord is willing to work with you and help you. Before burning bridges, it's best to try an honest, straightforward conversation. Especially if you live in an area with a lot of demand for rentals, your landlord may be willing to just let you off the hook. It never hurts to ask! Explain your situation. For example, if you have gotten a new job or your family is growing, your landlord may be sympathetic to your new situation and agree to let you out of the lease. Offer to pay the next one or two months' rent to help their cash flow. This allows him or her more time to find a renter, or to renovate the residence so they can increase their earnings. Additionally, for a fee (usually one month's rent) many landlords will help you find someone to assign your lease for the rest of the lease term. If you don't know your landlord, that's not a good sign. If requests for information are met with refusal or silence, consider ending your lease based on their lack of responsiveness and clarity. Get any agreement in writing, preferably notarized. Oral agreements are very hard to prove in court, should anything go wrong. Most landlords hesitate to let someone out of a lease because they feel they will lose money while searching for a new tenant. You can lessen their hesitation by helping find a tenant to replace you when you move out. In most states, landlords have an obligation to "mitigate damages" when a lease is broken. This includes a responsibility for them to re-rent a residence if you leave a lease early. For example, if you want to get out of a lease that has five months left on it, your landlord cannot simply let the property sit empty for those five months and then sue you for back rent. S/he must take reasonable steps to re-rent the residence. If your landlord has to rent the residence for a lower price than your rent, you will likely be responsible for paying the difference. If it takes a few weeks for the landlord to find a new tenant, you will likely be required to pay prorated rent for those weeks. If you can find another tenant to rent the residence, your landlord may be happy to let you leave. A buyout clause is a section of your lease that allows you to legally end your lease (usually for a certain amount of money and with adequate notification). Carefully read your lease to see what options you have. If you cannot find your lease, your landlord is required to give you a copy upon request. Other wording for this type of clause includes "early termination" or "early release." Use caution when taking this route.It may end up costing you a lot of money in the end. If your landlord will not work with you reasonably, try finding an attorney who will review the contract for you before you agree to a buyout clause. S/he may be able to find legal issues with the contract or with the residence that will allow legal contract termination. Also keep in mind that landlords who wish to avoid a court case may negotiate with an attorney more seriously than with their tenant.
Assign your lease. Work with your landlord on an agreement. Help your landlord find a new tenant. Remind your landlord that they have a duty to re-rent. Look for a buyout clause. Contact an attorney.