Texas Apartment Association (TAA) apartment lease contract has the following:

30. REPLACEMENTS AND SUBLETTING. Replacing a resident, subletting, or assignment is allowed only when we consent in writing. If departing or remaining residents find a replacement resident acceptable to us before moving out and we expressly consent to the replacement, subletting, or assignment, then:

(1) a reletting charge will not be due;

(2) a reasonable administrative (paperwork) fee will be due, and a rekeying fee will be due if rekeying is requested or required; and

(3) the departing and remaining residents will remain liable for all Lease Contract obligations for the rest of the original Lease Contract term.

Procedures for Replacement. If we approve a replacement resident, then, at our option: (1) the replacement resident must sign this Lease Contract with or without an increase in the total security deposit; or (2) the remaining and replacement residents must sign an entirely new Lease Contract. Unless we agree otherwise in writing, your security deposit will automatically transfer to the replacement resident as of the date we approve. The departing resident will no longer have a right to occupancy or a security deposit refund, but will remain liable for the remainder of the original Lease Contract term unless we agree otherwise in writing–even if a new Lease Contract is signed.

I would presume TAA members would use the same screening criteria for the replacement resident as were used for the original tenant.

As such, if the replacement tenant turns out to be some crazy person who decides to completely ruin the property, or, alternatively, re-assigns the lease to some other such person (whether officially or under the table, e.g., as a vacation rental through craigslist), would the original tenant really still be liable for all the damage caused to the landlord, provided that the new resident(s) disappears etc?


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