If I break my year lease 2 months into it, what will happen?

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If I break my year lease 2 months into it, what will happen?

I signed a lease for the term of 12 months my girlfriend moved into my room and my landlord says she cannot stay here with me. I would like to break my lease because i think thats stupid. The part that he says it says that in my lease says, “SUBLET: Lessee(me) shall not pledge, lend, create a security interest in, assign, sublet or part with possession of the premises or any part thereof or attempt in any other manner to dispose thereof, or remove the builds or structures or any part thereof from the premises set forth above, witout lessor’s prior written permission”.

Asked on August 24, 2012 under Real Estate Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are not subletting to your girlfriend--e.g. renting out part of the space to her--the clause you quote would not apply.Some living with you for free is not a "sublet."

If the lease limits the number or identity of people who can live in the unit, your landlord can prevent your girlfriend from moving it; many, but not all, leases, will have a restriction like this. If your lease  does not restrict the number of people or who can live there, however, then you should be able to move your girlfiend in--a landlord can only enforce the terms that are in the lease, and cannnot add new terms or restrictions to it.

Note that if you do break your lease early, you will be liable for the rent for  the remaining perior or length of the lease--i.e. for  the next 10 months--or until the landlord can re-rent the unit, whichever comes first.


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