A Texas sublease agreement gives a tenant a straightforward way to rent part or all of a unit to another party. Landlords rely on this document because it creates an orderly transition between tenants, keeps the subtenant bound to the original lease terms, and supports a compliant rental arrangement throughout the sublease period.
Does a tenant need a landlord’s permission to sublease in Texas?
Texas has no statute governing subleasing, so the original lease controls whether a tenant can sublet. Most Texas lease agreements limit or prohibit subleasing, so tenants usually need the landlord’s written approval before they begin any sublease arrangement.
To address subleasing in future leases, property owners should use a legally reviewed lease agreement builder to create each contract.
Information to Include in a Texas Sublease
Landlords benefit when they treat a sublease with the same care and structure they rely on for a standard lease. The following list highlights the key information landlords should include within a Texas sublease:
Names of landlord and sublessor: Include the full legal names of the landlord and the sublessor to ensure clear identification and reduce confusion during the sublease term.
Rental unit address: Add the complete address of the rental unit so the agreement shows the exact property and location covered by the sublease.
Length of the sublease agreement: Specify the start and end dates of the sublease to set a defined occupancy period and avoid disagreements about when the subtenant may remain in the unit.
Rent amount: List the monthly rent the subtenant must pay and clarify whether payments go directly to the landlord or to the sublessor.
Division of utilities: Outline how the parties will split utility costs and include a reference to any existing landlord-tenant utility agreement that explains shared responsibilities.
Security deposit information: Note the required deposit amount and explain how the landlord or sublessor will hold and manage the funds. Property owners can also review Texas security deposit laws for guidance on returns.
Maintenance protocols: Outline how the landlord and sublessor will manage repairs and routine upkeep, and note any expectations that match standard rental property maintenance practices.
Property policies: Highlight the rules the subtenant must follow, including guest guidelines, pet rules, noise limits, and any building or community requirements that apply to the unit.
Early termination terms: Describe the conditions that allow either party to end the sublease early and include any notice requirements or fees tied to ending the agreement.
Landlord’s right to entry: Explain when the landlord may enter the rental property and note any required notice that supports lawful access for repairs, inspections, or emergencies.
Renter’s insurance: Clarify whether the subtenant must carry renter’s insurance and state the level of coverage the landlord expects during the sublease term.
Landlord’s consent to sublease: Confirm that the landlord approves the sublease and outline any conditions linked to that approval, such as reference checks or financial verification.
Subtenant obligation to comply with master lease: Make clear that the subtenant must follow all rules in the original lease so the landlord maintains consistent expectations throughout the sublease term.
Move-in condition checklist: Require a completed checklist and consider attaching a move-in condition report to document the unit’s condition at the start of the arrangement.
Emergency contact information: Provide up-to-date contact details for the landlord and sublessor so the subtenant knows whom to reach during urgent situations.
Guest policy: Outline clear rules for visitors, including stay limits and any restrictions that support safety, building standards, and community expectations.
Copy of master lease: Attach the full original lease so the subtenant understands all rules, responsibilities, and limits that apply during the sublease.
Signatures: Have all parties sign the sublease and allow them to e-sign the document if they want a secure digital option.
Additional attachments: Add any extra forms, addenda, or property-specific rules that help clarify expectations and support smooth communication during the sublease term.
Taxes Implications for Short-Term Subleases
Texas charges its state hotel occupancy tax on short-term rentals that run for fewer than 30 days. The state rate is 6 percent, and many cities and counties layer on their own local taxes. In some situations, subtenants cover these charges as part of the rent (Texas Tax Code Section 156.051).
Texas landlords gain more clarity by reviewing local short-term lodging tax rules, since rates and requirements vary by jurisdiction.
