Legal question - breaking a lease/subletting

OK before we start - yes, my friend is going to talk to a lawyer about this. Yes, I know any legal advice on here is for amusement only, and unless stated otherwise I will assume no one is a lawyer. Even if they are a lawyer, I’ll assume any advice they give is opinion only and not to be construed as legal advice.

Can you tell I get tired of ‘IANAL’ ? :wink:

Excuse the rant…anyway.

I have a friend who’s renting a house with a roommate in California. Things got pretty awful between them, so she wants out - she is in fact buying a house. Unfortunately they are in the middle of a 2 year lease.

The owner said no problem, just find some tenants to replace them and they can get out of the lease. However, my friend has presented a whole list of viable candidates - people with excellent credit, stable families, good references - but the owner keeps refusing to commit to anyone - she won’t say yes or no, doesn’t return phone calls etc. No one can figure out why she’s doing this.

Meanwhile, my friend needs to close on her new house, and of course wants out of this mess. Does she have any recourse? Is she screwed because of the lease, or (in the unlikely event this went to court), would a judge say something like, “Well…yesss…you did sign a lease - but you have presented a long list of viable tenants and the owner has refused to accept any of them.” Or would it be more like, “You’re screwed. The owner can do whatever she wants - you signed a lease.”

She’s also considering “unofficially” subletting for the rest of the lease (the house is managed through a property management company and they don’t seem to have a problem with that) - but that seems like a whole other can of worms. She’d then be responsible for the tenants, their rent payments etc.

Thanks for any info / perspectives. Mods - I know this borders on IMHO so feel free to move it if necessary.

Did the owner actually put it in writing that she could get new people or was it just a verbal agreement? I suspect if it’s just verbal it’ll come down to her word against the landlords. Does the lease detail some way to get out of it? For example, the lease for the apartment I live in has a section detailing exactly how to get out of it, how much needs to be paid, what kind of notice needs to be given. Is it an actual lease (drawn up by a lawyer or something) or just something done in E-Z-Lawyer Pro 2000 or something?

Did you make an agreement on a time they could show the apt to people? Someone did this to me once, wanted to get a woman he was interested into the apt so he waited for her. Cost me a pretty penny.

Just get Tenant’s Handbook, it gives this type of law for California. From your bookstore, library or nolo.com I love that book.

Thanks for the recommendations. I’m not sure exactly what’s written in her lease, but I know she has bent over backwards to make the place available for viewing.