Consumer Law, Warranties Subleasing Agreement in Condo Lease

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KaylynnC

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My jurisdiction is: TX

I am needing to get out of my lease with my condo. I am going through a realtor and in the lease agreement this is what is says:

1. Tenant many not assign this lease or sublet the property without landlords written consent.

2. If Tenant request an early termination of this lease under the Paragraph 28B, Tenant may attempt to find a replacement tenant and may request the Landlord to do the same. Landlord may, but is not obligated to,attempt to find a replacement tenant under this paragraph.

3. Any assignee, subtenant, or replacement tenant must, in landlords discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by landlord.

4. At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the property, Tenant will pay Landlord:

(a) if Tenant procures the assignee, subtenant, or replacement tenant:
(i) $___N/A____.
(iii)_____N/A_____% of one's month rent that the assignee, subtenant, or replacement tenant is to pay.

(b) if Landlord procures the assignee, subtenant, or replacement tenant:
(i) $____N/A_____.
(iii)_____N/A_____% of one's month rent that the assignee, subtenant, or replacement tenant is to pay.

(5) Unless expressly stated otherwise in an agreement or sublease, Tenant will not be released from Tenants obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord.


And here is my question:

I called my realtor and said that I wanted to get out of my lease because of some personal safety issues with my ex boyfriend and what did I need to do to go about subleasing my condo. I told them I had found someone that wanted to rent the condo in my place. Esenttialy I did their job for them. I read this part of my lease backwards and forwards to make sure that as long as I found someone to rent the condo after me and they passed the background check that I would be able to get out of my lease free and clear. I believed this because under section 4a the realtor neither checked a box next to i or ii and also put in the answer N/A for the number amount that was to be paid to get out of the lease. When I told them I had someone to replace me and asked if there was anything else I needed to do they told me that I have to pay rent for the month of November and 85% of the month of December. This is not what the lease says and I'm not sure what my legal options are. I have not gotten a written consent yet because I just talked to them yesterday. Should I get the consent first and then say well this is what the lease says and I shouldn't have to pay anything. I'm just not sure what my options are. Because as long as I have found someone to take over the lease and they passed the background check I am under the impression that I am able to get out of my lease without any penalties. Am I correct?
 
I wanted to reply to your condo question but couldn't find it after I'd become a member. I am in the exact same situation right now, and I am desperate to find an answer. Please keep me posted if you find out anything.
 
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