How do I prove my landlord is being unreasonable in approving a new tenant for a sublet/lease assumption?

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How do I prove my landlord is being unreasonable in approving a new tenant for a sublet/lease assumption?

I have 8 months left on my lease, and looking to sublet/assign my lease (I’m, as long as the landlord approves). My landlord is stating that every applicant/tenant must sign a 1 year lease, have excellent credit, have a high salary, and he will not accept guarantors. He has turned down 2 of our applicants (1 for only wanting the remaining 8 months, the other because one of the two tenants needed a guarantor). We have lost a few other potential candidates because he doesn’t accept guarantors. Is he in any way being unreasonable (particularly with the 1 year new lease)?

Asked on August 15, 2012 under Real Estate Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No he is absolutely not being unreasonable. He is actually being quite unreasonable allowing you to get out of your contract. He needs to protect his financial interests but also must mitigate his damages, too. So, if you move out, you are indeed responsible for the remainder of the lease but he must reasonably mitigate his damage.  Use that for what it is worth but if he wants to ensure someone is there long term or a minimum term of one year and is financially sound, then there should be no issue there.


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