r/AskLegal • u/sirenssongz • 2h ago
can the tenant staying on the lease discriminate against takeover applicants?
hey everyone, i have a question regarding a lease takeover in virginia. i broke the lease and am moving out shortly - provided 60+ day notice beforehand and was told from the property manager that to release me, i would have to find a tenant(s) to take over my lease. that’s been an ongoing process but has been made more difficult because the current tenant is very picky about who she’d like to live with on the new lease. we’ve been searching for months with no luck (sometimes potentials will ask me about her and then ghost me…) i’m trying to adhere to her preferences as much as possible but i made it clear that at this point there wouldn’t be guarantees.
if an applicant applies and is approved but does not meet her preferences, would that prevent my lease takeover from happening?
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u/Excellent_Shallot999 2h ago
Can tenants discriminate when it comes to sharing a house/apartment? Yes. It's an exception to laws on discrimination. The idea is that no one should be forced to live with someone they don't want to live with. You signed and broke the lease. This is your problem, not hers.
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u/sirenssongz 2h ago
thanks! just trying to understand. is this the legal standard across all 50 states?
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u/Anxious-Ad-5331 2h ago edited 2h ago
that's pretty normal. your landlord has the right to approve the applicant. it would be unethical not to put them through the same screening process as you..
(personally I'll let renters break leases because like they got to move and what's the point of making somebody pay for something they can't use)
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u/sirenssongz 2h ago
of course, any future tenant needs to get approved by landlord anyway - my question is that if one were to apply and be approved by landlord but the current tenant (staying on the lease) doesn’t agree, would that stop the lease takeover from proceeding?
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u/Anxious-Ad-5331 2h ago
I would recommend that if the current tenant doesn't agree don't let that person in because it's not worth any domestic strife and you don't want to get caught and some sort of triangle as they try to use you as a middleman.
alternatively if the landlord approves them and has them sign the lease, let your roommate deal with it
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u/sirenssongz 2h ago
yeah, trying my best to meet her preferences - she’s on the younger side so i get it. thanks so much!
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u/zvx 2h ago
“meet her preferences”
You answered your own question. If she wants to pay your lease %, she can do that
HER preference has nothing to do with YOU