Sublease vs. an Assignment of Lease
Nobody wants to pay rent on their apartment when they're no longer living there. If you're studying in Europe for three months or taking a permanent job across the country, an apartment lease can be a millstone around your neck. You may be able to solve your problem if you sublease your apartment to another tenant or assign someone else the lease.
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Types
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When you sublease, you transfer some of your rights to the rental to someone else. An example, according to the website RealEstateLawyers.com, would be allowing the "sublessee" to live there for three months while you're on summer vacation. An assignment transfers all your rights to the rental: you're moving out and the "assignee" takes over the lease in your place.
Misconceptions
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Relocating for work does not give you the right to break a lease, though many tenants believe otherwise. You're liable for the rent until a new tenant moves in, though most states require the landlord make a reasonable effort to re-rent the apartment after you go. Some state laws provide exceptions, for example, for military personnel transferred out of the area where they're renting.
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Rights
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You have the right to sublet your rental, the website Tenant.net states, even if your lease says otherwise. In many states, the landlord can refuse if he cites a valid reason, such as the sublessee being unable to afford the rent. The landlord can refuse, however, to let you assign your lease.
Warning
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Finding a sublessee doesn't change your relationship to the landlord. According to RealEstateLawyers.com, you're still the official tenant and legally responsible if the rent isn't paid, so make sure the sublessee can be trusted to pay it. Assigning a lease makes the assignee the new tenant, but if he fails to pay the rent, the landlord can still hold you liable. The Nolo.com legal website recommends you get the landlord to sign a Consent to Assign statement that will protect you if the assignee fails to pay.
Considerations
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If your stay away from the apartment ends early, you can return and send the sublessee off. If you assigned the lease and want to come back, you're out of luck: the assignee has every right to stay in the apartment in your place.
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