In Texas, subletting your apartment is not automatically allowed. The law—specifically, Texas Property Code §91.005—states that during the term of a lease, a tenant may not rent the leasehold to any other person without the prior consent of the landlord. This means:
- Lease Terms Matter: If your lease prohibits subletting, you cannot sublet. If it is silent on the issue, you still must obtain your landlord’s consent before subletting.
- Landlord’s Permission Required: In nearly all cases, you must have explicit permission from your landlord to sublet, unless your lease specifically allows it without such permission (which is rare).
- Legal Consequences: Subletting without your landlord’s consent is considered a lease violation. The landlord can evict the subtenant and may sue the original tenant for damages or costs incurred due to the unauthorized sublet.
- Practical Steps: If you want to sublet, review your lease, ask your landlord for written permission, and ensure all agreements are documented to protect yourself legally.
In summary, subletting is legal in Texas only with your landlord’s consent or if your lease explicitly permits it. Otherwise, it is not allowed and can result in serious legal consequences.
Sources:
- https://caretaker.com/learn/sublets/local-laws-in-texas
- https://texaslawhelp.org/article/subleases-and-subtenants
- https://www.doorloop.com/forms/texas-sublease-agreement
- https://proplaw.com/uncategorized/can-i-sublet-a-commercial-lease-in-tx/