If the transfer is authorized, it must be recorded in writing and signed by the landlord and all tenants. This includes the tenant who leaves and the new tenant. The landlord, the abandoned tenant, the new tenant and all other tenants should have a copy. Your landlord can apply for a single rental deposit and use it to cover things like damage or unpaid rent at the end of the lease. No matter what type of lease you have, it is important to understand that the document is a contract between you and your landlord. Whether it is a written or verbal agreement, you and your landlord have certain rights and obligations that must be fulfilled. The landlord may decide to take legal action against a tenant, all tenants and/or guarantors. It is not uncommon for landlords to take legal action against the non-failing tenant or guarantor, z.B. because the failing tenant has no money, has evacuated the property without a transfer address or has moved abroad. The owner wants the case to be as simple as possible in order to avoid lengthy legal proceedings and high legal costs. It may also be that a surety pays the outstanding rent rather than being involved in legal proceedings and may be subject to a court order and court costs.
However, note that the lessor is not allowed to request a double recovery, and if they apply for ownership of the property, they must include all tenants along with others as defendants in the proceedings. Your rights and obligations vary depending on whether you have a joint or exclusive tenancy agreement or whether you have a tenant as a tenant of residence. If the tenancy agreement mentions more than one tenant, the lessor may indicate the termination of a tenant as termination of the lease for all persons. If a tenant wants to terminate the lease, they must first obtain permission from the other owner tenants, as this ends the lease for all. Your landlord should make sure everyone has given their permission before agreeing to terminate the lease. However, you cannot recognize it and terminate the lease at the request of a tenant. You cannot terminate a fixed-term lease until it expires unless the lease has a break clause or all associated tenants and the landlord agree to terminate it. If you want to transfer your lease to someone, you must write to your landlord. It`s a lease. You are not entitled to this type of assignment. Your landlord may authorize an assignment in exceptional cases. They give you a written decision.
If both parties agree, the fixed period may be extended. If no action is taken, the fixed-term lease will be transformed into a periodic lease, which is more flexible for both parties. Periodic rent would last indefinitely as long as tenants and landlords agree. Flexible rent became available after April 1, 2012.