Real Estate Law
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If you were to attempt to exercise the subletting provision of the contract and the landlord would not be able to fulfill his contractual obligations under the contract due to the HOA, then yes, it would be considered a breach of contract on the part of the landlord.
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Well that depends entirely on what you are seeking.
You could potentially terminate the lease and move out. What are you looking to get out of the situation?
Why not just break the lease and the landlord releases you from it. Then the landlord can execute a new lease with the person he was trying to sublease to?
The landlord should be willing to release you from the lease and look for another tenant.
The only other choice you would have would be to walk away from the lease. The landlord could potentially sue you for breaching the lease which your argument would be that he breached first by not being able to follow through on the subletting provision of the lease.
That seems to be the best option.
At the end of the day, he doesn't lose anything if you find him a good tenant. Whether you pay the rent or someone else does it's really the same thing at the end of the day as long as he's getting paid.
I would try to find someone he can approve of quickly (and don't hesitate to be persistent about it). That would be the path of least resistance. It seems like if you were to just walk away from the lease, he would sue which would ultimately end up costing you a pretty penny to defend (unless you get your attorneys fees covered). The courts tend to look at one sided attorney's fees clauses in contracts (like the one in your lease) in a pretty negative light. They've held that if it applies to one side, it applies to both. You may be able to get your fees covered, but it's a roll of the dice.
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