Texas Sublease Agreement


The Texas Sublease Agreement is a document formed between two (2) tenants, one that is currently locked-into a lease agreement (the sublessor), and one looking for an available rental (the sublessee). The sublessor may be looking for someone to take over their lease for many reasons, two common ones being they only need the rental for a portion of the year (such as for college) or they need to move to a new location for work or family.

Subleasing a property can be a minefield if the individual who wants to sublease a property is unfamiliar with the process. Especially so if they are unaware of Texas statute 91.005, which states that subletting is prohibited unless the sublessor gets permission from the landlord to do so. In the event the landlord does permit subleasing to occur (either verbally or as stated in the original lease agreement), the original tenant will need to find a worthy tenant, get them to sign the sublease, and ensure things are going smoothly without there absence. Simply signing a sublease does not transfer liability – it is still the sublessor’s responsibility to ensure rent is paid on time (and in full), the rental is not damaged, and they have followed all requirements as set in the original lease signed with the landlord.