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Old 05-01-2015, 07:34 PM
 
1 posts, read 420 times
Reputation: 10

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I'm the first renter in a 3-2-2 house in San Antonio. I moved into the house with the intention of a couple friends moving in, sharing the residence as occupants but not added to the lease once their current least was up. A standard Texas rental app was used, which includes an area to list other adults who will live in house. Come to find out months later, after speaking with the property management company, and submitting the applications to add on roommates, it comes back that the homeowner wants no roommates/housemates, and "She was not planning on accepting roommates/housemates from the beginning."

I wouldn't have leased the property had I known this. So I have to wonder if there was any duty to disclose, since the paperwork, the interactions with property management, and the size of the residence, would all lead a reasonable person to think that qualified tenants wouldn't be an issue.

Thoughts?
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Old 05-01-2015, 09:21 PM
 
Location: New Braunfels, TX
6,259 posts, read 8,998,271 times
Reputation: 6347
Had you disclosed that at the beginning in writing, you'd have either known that, or else have a leg to stand on. As it was, you entered into a lease with just yourself on it - the landlord isn't a seer, so they had no way of knowing you intended to sublet.
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Old 05-01-2015, 09:32 PM
 
5 posts, read 4,489 times
Reputation: 19
single family home. don't be that guy
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Old 05-01-2015, 09:37 PM
 
Location: Austin, TX
16,721 posts, read 40,883,703 times
Reputation: 9198
Next time you need to be clear about your intentions (in writing) when you apply and make sure it is written into the lease before you sign anything.

You can get out of the lease but will probably loose your deposit and may have to pay a month or so of rent until they can find a new tenant. Under TX law they are obligated to try and find a new tenant and an only bill you for lost rent, unless they have any other specific clauses written into the lease. Read it carefully before you take any action.
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Old 05-02-2015, 10:20 AM
 
733 posts, read 864,395 times
Reputation: 408
what the owner says is pointless. whats in your lease is what matters. most leases will have specific clauses about subletting, etc.

most leases dont allow it TBH. all the ones ive signed havent. also, what is a 'standard texas rental app'? ive never heard of that. ive heard of TAR and TAA leases, but not a 'standard texas rental app'.
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