What to do if I transferred lease but the person was not approved and the leasing office did not contact me to inform me?

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What to do if I transferred lease but the person was not approved and the leasing office did not contact me to inform me?

So today I was contacted by an attorney who told me I should either pay a settlement fee, which is rent until end of lease term (March until July) which must be paid today; or to appear in court.

Asked on April 25, 2012 under Real Estate Law, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read the written lease that you transferred to a third person to see if there is any provision with respect to assigning the lease. If so, that provision controls the obligations between you and the landlord with respect to the assignment. If the provision prohibits assignment then you have a problem.

If the lease talks about approval of the assignment, the approval cannot be unreasonably withheld. If the lease is silent regarding prohibition of any assignment of the lease, you are entitled to do so.

The landlord has an obligation to mitigate his or her damages concerning the lease that you assigned by trying to lease it out to a third person.

I suggest that given the circumstances that you are in that you consult with a landlord tenant attorney to assist in the predicament that you are not in.


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