QUESTION

Is my apartment complex letting me sublet even tho it is not allowed in my lease agreement?

Asked on Apr 17th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
In my lease agreement it states that they do not allow subletting. However, when I moved in I had to get a two bedroom because there were no one bedrooms available. I was the only one that signed the lease which is up in October. Before I moved in they told me that if I needed to get a roommate that they were ok with it. I had two roommates from December 2012 to April 2013 and I have a new roommate moving in this week. However, I asked the management if there would be any penalty if I had to move out early because my company is looking to transfer me. They told me that I would lose my deposit but that would be the only penalty. But I told them that they would still have my roommate that would be paying rent and that I could get a replacement for myself. They refuse to let me do this because they do not allow subletting. But am I not already partially subletting when they are allowing me to have a roommate who is not on the lease?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
Jesse,   You are in a tough situation.  Although the apartment as not taken action to evict based on your violation of the lease terms by taking a roommate or subletting a room, they have not affirmatively endorsed your roommate. You cannot force them to take your roommate as a replacement for you.  However, most apartments are more interested in receiving rent than chasing you for legal fees.  So, they will normally allow a substitution if the new tenant meets their criteria for acceptance.  Hope that helps - Good Luck
Answered on Apr 18th, 2013 at 3:48 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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