Results 1 to 5 of 5
  1. #1
    Join Date
    Oct 2014
    Posts
    3

    Default Unreasonable Denial of Permission to Sublease

    My question involves landlord-tenant law in the State of: Texas

    I am a tenant of one bedroom apartment and I am a student. I want to assign my apartment for someone else. However, the manager is strange when he said that I could only find someone who is a student in this area to sublease for me, which made my subleasing is harder due to the middle time of the semester of universities. The lease contract just says "Subleasing may be done only with management's approval...", but never mention to the condition anyone who replaces me must be a student. Especially, when signing the leases, many of us here did not give any serious evidence to prove we are students to rent this place.
    Moreover, I know some neighbors living here are also no longer students for many years (Probably, they're just students when they started signing their leases). And definitely, it is not a student housing in the campus or attached with universities.

    So my question is: What are my rights as a tenant in this case? I find some qualified people (even better than me in financial aspects), but they are not students. And I just want to move out. Please give me some advices. Thanks!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Can I Do to Assign My Lease for Someone Who Landlord May Refuse Unreasonably

    The manager has no legal obligation to let you out of your lease in the first place.

    So if you want out, you do it on the manager's terms.

    Doesn't matter about anybody else.

    It's that simple.

  3. #3
    Join Date
    Oct 2014
    Posts
    3

    Default Re: What Can I Do to Assign My Lease for Someone Who Landlord May Refuse Unreasonably

    Thanks. I just want to know certain things to argue with him in case that he refuses my potential assignee from the beginning. Let me quote the whole provision in the lease which is related to sublease/assign: "Subleasing, roommate replacement may only be done with the management's approval. New tenant must submit application and be approved." That are all terms with sublet. No specific criterion was written.

    In the case the property management argues that the terms "with my approval" in the lease means he can set the standard for only students to rent/sublease. Then could I argue back legally?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Can I Do to Assign My Lease for Someone Who Landlord May Refuse Unreasonably

    Is this apartment complex essentially private student housing, with everybody in residence being a student?
    Quote Quoting adjusterjack
    View Post
    The manager has no legal obligation to let you out of your lease in the first place.
    If the lease expressly permits subleasing, then the landlord has an obligation to not unreasonably withhold permission to sublease.

  5. #5
    Join Date
    Oct 2014
    Posts
    3

    Default Re: What Can I Do to Assign My Lease for Someone Who Landlord May Refuse Unreasonably

    Quote Quoting Mr. Knowitall
    View Post
    Is this apartment complex essentially private student housing, with everybody in residence being a student?

    If the lease expressly permits subleasing, then the landlord has an obligation to not unreasonably withhold permission to sublease.
    No, definitely some of residents in this apt are not students now but when they signed lease like many years ago, it could be they were students. And I (together with some neighbors I asked) never hear this one is a private student housing before. If this is a student housing, it should be posted on its website or ads right? I never see such things.
    P/S: I just searched on the page http://www.studenthousing.com/ (including all official student housing in US) and this apt is not in the list.

    1. Sponsored Links
       

Similar Threads

  1. Search and Seizure: Unreasonable Detainment or Unreasonable Duration of Stop
    By Danjor in forum Criminal Procedure
    Replies: 4
    Last Post: 07-12-2012, 06:26 PM
  2. Unreasonable Judge
    By skylarann in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-09-2009, 04:39 AM
  3. Tourist Visas: Will Denial of Visas for Kids Result in B2 Denial
    By confused141 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 12-11-2008, 04:47 PM
  4. Traffic Accidents: Unreasonable Lawyer
    By gshangin22 in forum Accidents and Injuries
    Replies: 1
    Last Post: 11-29-2008, 09:56 PM
  5. Am I Being Unreasonable?
    By gdiaz in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 07-06-2008, 12:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources