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If your in a lease, can you switch to a smaller apartment and stay on that lease?

If your in a lease, can you switch to a smaller apartment and stay on that lease? Topic: Case switch difference
May 25, 2019 / By Aleen
Question: I moved into a two bedroom apartment a year ago, I have 6months on the lease left. I live with 3others and I would like to get out of there ASAP. I dont have the best credit anymore but I have always payed my rent on time. Would it be possible to switch from a two bedroom and carry the lease over to a one bedroom apartment? I am planning on letting the other roomates either take out a new lease on the current apartment or figure something else out for themselves. Is is possible?
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Best Answers: If your in a lease, can you switch to a smaller apartment and stay on that lease?

Triston Triston | 1 day ago
The lease is a contract specific to one property, or in your case, one apartment. There are valid reasons for breaking a lease but wanting to move to a smaller apartment is usually not one of them. If your roommates are also on the lease, they do not have to automatically allow you to leave. You have to talk this over with them. The rent will not be less if you leave. They have to agree to make up the difference, or else find a replacement roommate. The landlord or property manager does not have to switch your apartment or transfer your lease to a one bedroom. You are responsible for 6 months rent remaining on your current lease. You should try to find someone to take your place on your current lease, then look to rent the smaller apartment on a new (1 year, or 6 month, or month to month) lease. The landlord may allow you to leave your current apartment, and take another apartment, but probably it is going to cost you money to make the switch. How much it costs is up to the landlord. At a minimum, you should plan on losing your security deposit on the first apartment, and paying a new security deposit on the new smaller apartment.
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Triston Originally Answered: Apartment lease confusion, I need help understanding a statement in my apartment lease?
You have a very good point, and a poorly written contract. 1) If Lessee or Lessor desires that this lease terminate at the expiration of its term, he must give to the other written notice at least 60 days prior to that date. Failure of either party to give this required notice will automatically renew this lease on a month to month basis. Since you failed to give a 60 day notice, you automatically have involved a new month-to-month contract starting June1, 2012. 2) If this lease automatically renews on a month to month basis then if the Lessee or Lessor desire that this lease terminate he must give to the other written notice of the termination at least 30 days prior to the last calendar day of the month in which the lease is to terminate. This means that you or the Landlord must give 30 days notice after june 1,2012 in order to terminate the Lease. My understanding is that when the Landlord asked you to leave on May 31,2012, he broke the new Lease that was activated by the contract. if it were me,I would 1) Get the notice to vacate from the landlord in writing. 2) Move out. 3) Send a letter notifying the Landlord that he owes you the Security Deposit in full, and that you do not owe any other fees. State the reasons, and send it certified mail return receipt. 4) After 30 days, he will probable give you back the security deposit minus the fees. 5) Send a letter of demand of the Security Deposit in full and your intent to sue. State the reasons send it certified mail return receipt. DO NOT SIGN ANYTHING THAT YOU AGREE TO PAY THE FEES.
Triston Originally Answered: Apartment lease confusion, I need help understanding a statement in my apartment lease?
They are in full compliance of the agreement. Since you failed to give the 60 days notice in time YOU caused it to roll over for another month at the current rate. If they are willing to prorate that month, they are doing you a favor, otherwise you will have to pay for the full month whether you are there or not. You do not get the advantage of the old rate since the original 1 year period has or will expire. Your original rate was locked in for one year only.(that is the advantage of a lease) Good Luck

Reuben Reuben
depends, are u the only one of the lease? if so it might be possible to transfer the lease into their names for the remainder of 6 months and then re lease a new apartment. but you would have to go through the whole qualification of securing the place again, being that you have bad credit u might not get approved. if there is more than 1 lease holder all parties would have to submit a letter in writing to management acknowledging the lease transfer and all agree and sign it. thats the only way you could get out of the lease. but u miht have a problem renting a new place if u have bad credit. good luck with that.
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Mel Mel
The landlord might consider it because they'll be getting two properties rented instead of just the one. But, as mentioned by someone else, the lease follows the property. So if your current roommates agree to stay with your current property, it will work better for you to get a separate place, unless, their credit is worse than yours.
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Mel Originally Answered: Can I break my apartment lease?
Unfortunately, from what you have said your only escape clause was termination from your job which clearly you are not being terminated so I cannot see you ending your lease prematurely without paying a financial penalty. Since teaching assignments/positions are very much dependent upon fall enrollment I would be in touch with your union and district employer to find out what the projected numbers will be for this September. School districts tend to be conservative in June as they would rather be safe than sorry. They know they can always re-hire staff if student enrollment in the fall goes up [which it frequently does]. If substitute teaching in other schools and or adjacent counties/districts is an option do it. You can also try tutoring during the summer time as well as when you go back in the fall while you are teaching part-time. This will help to offset your shortfall in income. You might also want to talk to your union or association and find out if they are able to help you financially during August and September until you're able to find cheaper accommodations. Some unions/associations provide ways securing low interest loans. Your other option of course is to see if Assignment of your apartment is an option. Assignment requires the consent of the landlord and is available in most places. It means finding someone to take over the remainder of your lease. It is not the same as subletting which is letting someone take over for a specific period of time with the idea that you will be moving back. Assignment means you are free to walk without penalty. If this is an option [and it should be in most cases] I would get onto it immediately by making sure your place available immediately. The good news is it is only May 07 at the time of this posting. If you said the place was available for June 01 or anytime thereafter and you find someone you will be home free.

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