texas sublease
Could I be held liable for a roommate on a separate lease subleasing without permission?
<p>My roommate and I live in a student apartment in Texas. Due to special circumstances, he wants to sublease his half of the apartment to another student for about a month. We've signed separate leases for each unit. Due to extra fees, he doesn't want to report this to management. Could I be held liable if management finds out? How bad of an idea is this?</p>

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<p>Could I be held liable if management finds out?</p>
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<p>You might, even if only on grounds of the <em>implied covenant of good faith and fair dealing</em>. The matter is otherwise hard to assess without knowing the terms of your lease.</p>
<p>Notwithstanding your mention of &quot;<em>separate leases for each unit</em>&quot;, the lease might contain language providing joint-and-several liability which might or might not extend to damages the landlord could claim for the roommate's unauthorized sublease. Akin provisions would not be far-fetched. After all, your duty of good faith and fair dealing encompasses the common areas of that same apartment.</p>
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<p>How bad of an idea is this?</p>
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<p>Besides the previous point, your non-disclosure might forfeit some of your rights (i.e., pursuant to your lease) in the event that the sub-lessee's actions cause you a loss. That is because your omission deprived the landlord of the opportunity to address the risks associated to unknown sub-lessees.</p>
