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

UPDATED: Jul 5, 2009

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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


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

Answered 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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