A sublease agreement allows the original tenant to rent out all or part of a property to a new tenant or subtenant.
In a Texas sublease, the subtenant will be subject to the terms and conditions of the original lease agreement. However, the actual tenant remains liable for any damages to the property, the payment of rent, and any breach of the original lease.
How to Sublease an Apartment in Texas
Review the terms of your lease – In Texas, you cannot sublet a rental property without your landlord’s permission. Double-check the duration of your original lease to see if subleasing is prohibited. Even if subleasing isn’t mentioned, you still haven’t been permitted to sublet your apartment.
Send your landlord a letter of intent – A formal letter of intent should be sent to your landlord when seeking permission to sublease an apartment in Texas. Submit the names, addresses, and all other relevant information about the potential subtenants to your landlord, and describe your reasons for wanting to sublet their property.
Await consent – Once you’ve asked your landlord for permission, you must wait for the green light before moving forward. If you do not hear back, it’s presumed that you do not have permission to sublease the property.
How to Write a Texas Sublease Agreement
- Select your property type – The most common types of property people sublease are houses, apartments, or condos.
- Name the current tenant or tenants – Your name and anyone else named in the original lease.
- List the address where rent and notices should be sent – This will usually be the same address as the rental property, but if not, write the relevant address.
- Name the subtenant(s) or new tenant(s) – The name/s of whoever will be subleasing the property.
- Name the landlord on the original lease – The landlord on the original lease should also be included in your Texas Sublease Agreement.
- Attach a copy of the original lease – For your protection, always make a copy of the original lease when filling out a new sublease agreement.
- List the address of the property being subleased – The address of the apartment or house will need to be listed.
- Include additional information about the property – When subletting an apartment or house, it’s best to state other aspects available to the subtenant, such as the number of bedrooms, bathrooms, parking spaces, storage units, and furnishings.
- Date the term of the sublease – Determine the beginning and end dates of the sublease.
- Calculate the rent – The total amount and the portion of rent the subtenant will be responsible for should be noted. Also, list any utilities or additional fees owed each month (and how they will be split).
- List restrictions – Any restrictions on the property must be stated, such as if smoking is prohibited or if pets are allowed.
Note that once you’ve filled out your Texas Sublease Agreement, you will effectively be your new tenant’s landlord (or sublessor).
This means you must honor the terms of the sublease agreement and follow all Texas laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
In Texas, a sublessor must:
- Give a subtenant 3 days written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent not to renew the sublease and/or original lease
Texas Sublease FAQs
Is subletting illegal in Texas?
Subletting is not illegal in Texas. However, you cannot sublet with your landlord’s consent according to the Texas Landlord-Tenant Law. You should check the original lease to see if it grants the right to sublease. If the lease doesn’t mention subleasing, you still must get consent from the landlord to sublease. If the lease allows you to sublease the property, finding a subtenant is legal.
Can a tenant sublet without permission?
No, a tenant can’t sublet without permission in Texas. Notify the landlord and request written permission from the landlord before subletting your property.
What if the property was subleased without the landlord’s approval?
In Texas, even if a tenant sublets without a landlord’s permission, the subtenant cannot use this as an excuse to get out of their sublease. The subtenant must continue to follow the terms of the sublease agreement. If the subtenant fails to abide by the sublease agreement, the initial tenant can sue them.
Additionally, subtenants in Texas don’t have the right to sue the landlord. If a subtenant has an issue with a rental unit, they must address the issues with the tenant they’re subletting from.