Transfer (a) Consent Required – Tenant shall not, without Landlord’s prior writt

Question

Transfer (a) Consent Required – Tenant shall not, without Landlord’s prior written consent, sublet, assign, or otherwise encumber any interest under this Lease. (b) Effect of Transfer without Consent – Any transfer made without Landlord’s prior written consent shall, at Landlord’s option, be void. Tenant’s Notice. To obtain Landlord’s consent to a transfer, Tenant shall provide Landlord with written notice of: (a) the proposed effective date of the transfer, (b) a description of the portion of the premises to be transferred, (c) all of the material terms of the proposed transfer and the consideration therefor, and (d) any other information reasonably required by Landlord in order to evaluate the proposed transfer. Landlord’s Consent (a) Timing. Within [NUMBER] days after receiving the Tenant’s notice of transfer, Landlord shall notify Tenant in writing of: (i) its consent to the proposed transfer, or (ii) its refusal to consent to the proposed transfer and its reasons therefor. (b) Failure to Respond to Notice. If Landlord does not provide written notice to Tenant approving or disapproving any proposed transfer within [NUMBER] days after receiving a transfer notice then, the transfer shall be deemed disapproved. (c) Conditions of Consent. Landlord shall not unreasonably withhold, condition or delay its consent to any proposed transfer. (4) No Release of Tenant’s Obligations. Notwithstanding any assignment or subletting, Tenant shall at all times remain fully and primarily responsible and liable for the payment of rent and for compliance with all of Tenant’s other obligations under this Lease.

Assume you sign a lease with the above provision and you now want someone to take over your lease payments so you can move to another state. How can you accomplish this? Provide in detail how you will do this.

Explanation / Answer

First of all i would find people from classifieds , local print and online classifieds for people looking for lease , "Sublease", "sublet" or willing to take over a lease" as well as try to find friends and family who are looking for lease.

Talk to them and see if their search is matching mine. If yes i would ask them to visit my apartment and tell all the conditions i am going through, my purpose and their willingness to take over the lease and their time period, as well discuss the security deposit matters.

Once things are ok, i would call the Landlord to inform about the transfer, the reason behind it, his opinion about the prospect and then send out a writing about the details of the proposed new tenant, and time frame, number of days it will be transferred etc. once my Landlord agrees and replies back then i shall execute the transfer agreement, with the landlord's permission to the new tenant.

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