If I sublease an apartment, am I liable for the full term of the lease or can I dictate the length of my subleasing?

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If I sublease an apartment, am I liable for the full term of the lease or can I dictate the length of my subleasing?

This is in the scenario of student apartments. The lease runs August-August but I would sublease from Jan-May. I am going to be leaving the US in May and don’t want to be liable for any rent for Jun-Aug if there is no tenant to take over from me. Would this be the original lessee’s responsibility or mine if I cannot find another tenant when I leave?

Asked on July 5, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your answer will really depend on the lease agreement you have right now.  A majority of lease agreements prohibit sub-letting and will continue to hold you liable on the lease, regardless of what happens.  If your lease does permit sub-letting, then again, the provisions in the lease would control--- and many will continue to make you liable if your sub-letting doesn't work out.  If your lease allows you to transfer responsibility for the lease while you are gone--- then you need to follow those procedures to the letter to protect yourself from additional liability.


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