Mistake made on how long my lease is for...

[laceyr]

What is the name of your state? Texas


I just discovered that my apartment lease is up in August when I thought it was up in May. I signed the contract with the August date, but did not realize it at the time. It was verbally agreed that I would have a 9 month lease but written on my contract as one year.

Other mistakes on my contract were the misspelling of my name, wrong apartment number assigned (this was pointed out by me and then fixed by owner), and that I would pay electricity (the apartment is actually all bills paid, and I also pointed this out and it was changed). As you see there were a few mistakes made on the owner's part and I did not catch them all. It is my first apartment and I never would have dreamed the leasing date would be wrong. I learned my lesson...

Anyway, my two options given are to do a buy out where I would pay the other half of May, all of June and not get my deposit back. The other option is that I find someone to sublet through my apartment managers and I am liable for everything even though I wouldn't be living there. I would have to pay every month and when the new renter paid I would be refunded. I don't get my deposit back, and if the new renter messes up the place, its on me.

Either way they just want to make money and not help. I don't know if there is anything else I can do but advice would be appreciated. Thanks in advance.

[ENASNI]

I am afraid you know your options... Gonna have to take what is behind door number one or door number two..
Whatever you do... do NOT mess up your rental history... Okay? It is so important you would NOT believe.

Good luck... get a little old lady... or an anal-retentive person to rent it out, I would let you borrow my roommate for the next few months but I don't think she wants to move to Texas...

[scophreak]

Correct me if I'm wrong, but isn't the LL required to relinquish the tenant from all contractual obligations if a suitable replacement tenant is found (something about mitigating loss/damage)? If this is the case, then how could the current tenant be responsible for the new tenant's damages? Couldn't the current tenant just find a (suitable) replacement and be free and clear?

**I'm not a lawyer, so please don't rely on this advice when making your decision...

[laceyr]

well the lease contract says if subletted that the current AND old renter are both liable. its from the texas apartment association..so i am sure this is true for all tx apartments

[scophreak]

i think that you may be able to get around the "subletting" tag by giving notice to vacate the apartment. in this case, you would be liable for the remaining months on the contract. the LL is obligated to mitigate these losses by attempting to rerent the apartment. if you find a replacement (one suitable and acceptable to the LL) then you should not be on the hook to pay rent once the replacement tenant takes possession of the apartment. however, if neither you nor the landlord finds an acceptable replacement, you will be liable for paying rent for the remainder of the contract. just make sure you get everything (from yourself, the LL, and any replacement tenant) in writing before you proceed.

**I am not a lawyer, so please don't rely on this advice when making your decision...