It's quite common that plans change, and a residential lease must be broken.
However, the sublessee might only be interested in taking over a certain part of the lease (e.g., say, month 5, 6, 7 and 8 of a 12-month lease), and would not be interested in taking over the whole lease, thus having to find another lessee for months 9 to 12.
Does the landlord have the right to refuse to mitigate tenant's damages to accommodate such an arrangement? In my experience, the corporate landlords always simply say "we don't do subleasing, you can only take over the whole lease [and then deal with re-leasing]". But doesn't this violate the provision about damage mitigation?
Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.
I was reading on UniformLaws.org that in certain situations and/or states, landlord's failure to mitigate damages is automatically grounds for contract termination (thus no rent or damages are further due), does it at all apply here?
IV. What Are the Consequences of Landlord’s Failure to Mitigate?
Jurisdictions have taken one of two approaches in handling the landlord’s failure to comply with the duty to mitigate. The current version of the URLTA provides that if the landlord fails to use reasonable efforts to mitigate, “the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment.” In effect, this provision precludes the landlord from recovering any damages past the date of the abandonment. About half of the jurisdictions that have URLTA-based statutes (AK, AZ, CT, IA, KS, KY, MT, OK, OR, RI, SC) have retained this provision in their statutes, while the other half (AL, FL, HI, MI, MS, NE, MN, TN, VA, WA) have omitted it. Nevada has a similar provision in its non-URLTA statute.
If you're the original tenant, what recourse can you take?
If you're a prospective sublessee, is the landlord at all obligated to put you in contact with the original tenant for you to potentially inform the original tenant of their rights, and, potentially, see if they're interested for a sublease instead? Anything else that can be done if you're already in contact with the original tenant?