Moving out but roommate is staying, found someone to replace – need 30 day notice?

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Moving out but roommate is staying, found someone to replace – need 30 day notice?

This is for Texas. I am on a fixed 12 month lease for an apartment with a roommate. However I need to move out soon for personal reasons and my lease (TAA) states that I may find someone who can sublease my place as long as the management approves. Do I need to tell management + roommate 30 days in advance in writing before I can move out, or is this not necessary because roommate is staying at the apartment until the end of the lease anyway? I had discussed subleasing with the management/roommate a couple of months before but nothing in writing. I also paid July’s rent already.

Asked on July 5, 2009 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You lease should tell you what the notice requirements are for everything.  If it is silent then no specific notice may be required. However, I am not admitted in Texas and there may be some odd statute of which I am not aware.  Also, it can never hurt to give as much notice as you can, in writing, to all parties involved.  Make sure here that you mention that you are following up in writing with the prior conversation you had regarding the sublease.  Did you find someone yet?  If so, ask when would be the best time for all to meet and request that they approve her/him in writing.

Remember, though, that you can not just break your lease and leave.  You are responsible for rent until the end of the lease term, unless of course, you find someone as you said. Good luck.


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