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Q.I have 6 months left on my 12-month lease. I don't want to sublease, what can I do?
A.Subletting isn't always the best option because if the subtenant fails to pay the rent, you are still responsible for any damage caused and unpaid rent. An alternative to subleasing is to assign the lease to another person, but this only partially relieves you of future responsibility. When you assign a lease, you will no longer be responsible for any damage caused by the assignee, but you will still be responsible for unpaid rent.
The only way to completely relieve yourself of responsibility is for both you and the landlord to sign a Consent to Assignment of Lease. The Consent to Assignment should contain: (a) the identify the landlord, the current tenant (you), and the assignee; (b) the address of the leased premises, (c) the term of the lease being assigned; and (d) a statement that you are giving up the right to occupy the premises in exchange for the landlord's acceptance of your surrender of the premises such that your responsibilities to pay future rent and damages are terminated.
Unfortunately, most landlords will not sign a Consent to Assignment. Why? Because they lose a guarantor.
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