79. A tenant in an apartment building has been transferred by his company to another state. Two months ago, the tenant signed a 1-year lease that prohibits an assignment of the lease. The tenant has found someone who wants to rent the apartment for the remainder of the lease. Which of the following should the property manager do?
Answer: A
The property manager should qualify the new tenant and obtain the landlord's consent to the assignment.
The property manager needs to ensure that any new tenant is qualified and that the landlord consents to the assignment of the lease, as the original lease explicitly prohibits such actions without approval.
A) Qualify the new tenant and obtain landlord's consent to the assignment.
This option is correct because it adheres to the terms of the lease agreement, which prohibits assignment without landlord approval. By qualifying the new tenant, the property manager ensures that the new occupant meets all necessary criteria and protects the landlord's interests.
B) Allow the tenant's request because of fair housing laws.
This option is incorrect because fair housing laws do not provide a basis for overriding lease agreements or prohibitions against assignment. The tenant's transfer does not exempt him from the lease conditions, and fair housing laws do not mandate acceptance of an unqualified tenant.
C) Grant permission because a job transfer legally voids the lease.
This option is incorrect as a job transfer does not automatically void a lease agreement. The lease remains in effect until its expiration unless both parties mutually agree to terminate it, and the prohibition against assignment must still be respected.
D) Refer the tenant to the Apartment Rules and Regulations.
This option is not sufficient because simply referring the tenant to the rules does not address the need for landlord consent or tenant qualification. It fails to provide a solution for the tenant's request regarding the assignment of the lease.
Conclusion
The correct answer, A, is the only option that respects the terms of the lease while allowing for a potential solution. All other options either misinterpret the legal obligations of the lease or do not provide a practical pathway for the tenant's request regarding the assignment. Following the lease terms protects both the landlord's rights and the integrity of the rental agreement.