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  1. #1

    Exclamation Landlord Signed a New Tenant Without Offering Lease to Subtenant

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

    I recently moved into a 2bed/1 bath apartment..about 5 nights ago. I put my deposit down almost a month prior, but the lease has not been signed yet.(my landlord did not have it written, we are signing it tomorrow) Im subleasing the place from the previous tenant. I was told when looking at the place, after i put my deposit down, and through several phone calls that I had the option of resigning it in August for another year. I discussed the possibility of resigning but that i was not sure what im going to do next year and that i wanted to actually live in the place a bit to see if i liked it. She said thats fine, and i said i would have my answer by may. Move in day came (April 1st) and i was informed the place was signed for August already in passing. I was shocked but not completely devastated..that is until i spent the first night there and fell in love with the place. I talked to her again confirming it was signed and that the 2 gentleman that signed the lease (they signed 1 week prior to me moving in) 3 friends were moving into the apartment below. One of the reasons i moved into the place was the option to resign and we agreed (via telephone convo) that I would give her my answer by may and she said that was perfectly fine. In the location I need to live to continue to go to school in Austin, it is very difficult to find a place to live, and i knew it was not going to be available for next year, i would o already had a new place sign in order to stay with in price range etc. Thats why it was so perfect that i didn't have to tell her if I were moving out or not. The lease says i have to notify the landlord at least 60 days before move out date. Of course i have not signed that yet so i dunno...
    What can i do?!?! I started looking for new places but nothing matches up, its all out of my price range. I even have a roommate to sign with me.
    Can the landlord break the newly signed tenants contract?

  2. #2
    Join Date
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    Default Re: Landlord Signed a New Tenant Without Offering Lease to Subtenant

    If you were sure you wanted to stay in the unit, you should have agreed to lease the apartment in the fall. As you did not want to do that, and the landlord needs to maintain tenants in the unit in order to pay her expenses and potentially turn a profit, your landlord found somebody who was willing to sign a lease for the fall.

    You've given us no reason to believe that the landlord would want to get out of her lease with her new tenants for the fall, let alone a legal basis for her to do so.

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