You might make an attempt at finding a replacement tenant that would be acceptable to your landlord and be able to be approved as a tenant by your landlord.
Your landlord is under no obligation to do anything in this situation. The landlord has a current tenant with a lease until Feb 2015.
It is your problem to solve the commute of getting back and forth to your job.
Simply leaving the rental unit without some type of an agreement with the landlord would cause the landlord, to perhaps, sue you in small claims court for financial damages.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
They do not need to change any lease terms during the term of the lease. And you have not breached the lease yet, so there are no damages & no requirement to mitigate their losses.
You are obligated to pay rent until the lease expiration date. There is NO requirement that they allow early termination of the lease, or allow sublet, or anything else. The landlord can hold you to the lease you signed through 2/28/15. Presumably you've paid for October rent which was due yesterday. The earliest you could terminate the lease now is November 30th, if early termination were acceptable to landlord. Early termination would only get you out of 3 months at most.
Basically, you have a short period left on your lease, and nothing you can do about it but give proper written notice of lease termination effective 2/28/15, and pay through 2/28/15. Gives you time to look for a new place, move, ensure the current place is thoroughly cleaned, etc.
They only have to attempt to mitigate your loss if you move out prior to the end of the lease. Until you move out, you have no loss since you are paying for an apartment you are occupying. The problem with breaking the lease is that you are on the hook for the apartment even when not living there until they can rent out the place - which can take 1 day or 1 year. mitigation means only that the owner has to make an effort to re-rent the apartment - he does not have to lower the price to get someone in there, etc.
Considering the owner is not open to sub-letting (his choice), your next option (should he not accept your offer of continued residence until the apartment is rented) is if there is an early termination clause - not all rental contracts have them and there is no legal requirement that one be included.
No, they don't have to accept your proposal. In your lease there should be an early termination clause, that's what you have to reference here. You will likely have to pay a penalty and forfeit your security deposit for breaking the lease, and continue to pay rent until the landlord re-rents the property. But there is no cheap and easy way for you to get out.
A residential landlord, must act in good faith and fair dealing when trying to mitigate their damages from your breach of the lease agreement, meaning they cannot simply sit on their hands and do nothing , if they do document their refusal to act,
Remember if they were to go court to seek future rent legally due and owing under the lease agreement after you have breached the lease, the LL bears the initial burden of proof in court to show the LL did act in good faith and fair dealing in trying to re-rent after you left in order to be awarded additional rent
Also in many states, in regard to residential, the LL cannot simply prohibited you from subleasing, but can require the potential new renter to meet the criteria you had to meet
If there is some serious cash involved and to protect your credit you may want to consult a lawyer, if the LL refuses to play ball
Brentwood is virtually a high-end suburb of Nashville, easily accessible and no more than about 15 minutes from the airport. Your lease is up in 5 months so stick it out and spend a few more minutes driving.
Under TN law, the landlord has no duty to mitigate damages until AFTER you vacate.
As long as you are living there they have no incentive to rerent it. IF you want to terminate then move then they will get a new renter. You are responsible for the rent until done.
They only have to mitigate damages if you actually leave. Right now, there are no damages to mitigate.
I am trying to get out of a two year lease in Nashville, TN due to an office relocation. The relocation was to Brentwood, TN south of Nashville, but my commute has tripled in time now. The 2 year lease terms 2/28/15. I have reached out to the landlord to see if subletting was an option in which they firmly rejected. I have also proposed that they put the house back up for rent while we continue to occupy it and pay rent. I have not gotten any response from them and I just want to know what my options are at this point. If they refuse our proposal or flat out ignore it, does that prove their failure to mitigate damages? Thanks.
