If you must leave before your lease expires, you have four options:

1. Break the lease and suffer the consequences.
2. Sublease the place.
3. Assign the lease to another party.
4. Cancel the lease.

The first choice could result in your being sued for the rent remaining on your lease or any losses that your landlord incurs due to your action. The last three alternatives fulfill or end your obligation to the landlord for the duration of the lease. Since Missouri requires the landlord to approve a sublease, assignment or cancellation of the lease, get the landlord’s written permission before you take any of these actions. If you can’t fulfill your lease obligation, discuss the problem and work with your landlord to solve your problem. You can make things easier for yourself and the landlord if you supply a list of persons who would like to rent the place when you leave.

A sublease means you are serving as landlord to the person you sublet to (sublessee or new tenant). The sublessee has all the rights of the original tenant, but none of the original tenant’s responsibilities to the landlord. You acquire the obligations and responsibilities of a landlord, BUT you are still responsible to the landlord for the duration of the lease. If the new tenant damages the place or fails to pay the rent, you must pay that rent or repair or pay for those damages. You could then take legal action against the sublessee to recover these losses.

If you sublease, you should collect a deposit from the new tenant, or arrange for the simultaneous return of your deposit from the landlord when the new tenant pays a deposit to the landlord.

Most leases allow subleasing, provided you have the landlord’s permission. This pertnission can cost you money. If your lease prohibits subleasing, your landlord might allow you to sublease anyway. Some courts have held that a prohibition of subleasing is an unreasonable restriction on the tenant. However Missoun law (§441.O3O) requires the landlord’s written permission before subleasing, assignment or cancellation. But there are exceptions, for example, Bauer v White, 29 S.W.2nd, 1976.

If the landlord should take action against the tenant to recover rent or possession of the premises, and finds evidence that indicates such tenant allowed another person(s) to sublease the property without the permission of the landlord, the court may, in addition to the rent due, allow the landlord to collect damages twice the amount of the rent due. (§534.347)

In most sublease agreements, the new tenant will pay rent to the landlord, rather than to the former tenant.

ASSIGNMENT and CANCELLATION

If at all possible, you should try to assign your lease to another party or cancel your lease. Assignment transfers all your responsibilities to the new tenant, and requires a written agreement among all parties. If you assign your lease, you get your deposit back and the new tenant pays the deposit to the landlord. You wouldn’t be liable for damage or default by the new tenant. You, your landlord and the new tenant must sign a statement containing the terms of the assignment. Each party should keep a copy of the agreement.

If the landlord is sympathetic, he/she may allow you to cancel your lease. Cancellation of the lease ends the obligations of you and your landlord. To cancel a lease, you and the landlord must sign a statement to the effect that the lease has been cancelled by mutual agreement. This can be done by adding this to both copies of the lease, or by drafting a separate cancellation agreement.

Remember, you need a written agreement to sublease, assign or cancel your lease.