Can a tenant sublet in Texas?

Most Texas leases require written landlord consent before a sublease. A subtenant does not replace the original tenant on the master lease. The original tenant usually stays liable for rent and damage unless the landlord releases them in writing.

What is the difference between a sublease and an assignment?

A sublease gives a new person possession for part of the term while the original tenant remains on the lease. An assignment transfers the tenant’s entire remaining interest. Both typically need landlord approval.

Does a sublease change the master lease?

No. The sublease is between the tenant and subtenant. The landlord’s deposit-return clock (30 days in Texas) and habitability duties still run against the landlord and original tenant.

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Texas Sublease Agreement

Most Texas leases ban assignment or subletting without written consent. A sublease does not take the original tenant off the hook with the landlord. Get consent in writing before anyone else moves in.

The original tenant stays liable under the master lease.
The subtenant’s term cannot outlast the remaining master-lease term.
Owner-identity and flood notices still belong in the package.
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Texas disclosure checklist

Last reviewed 2026-08-15. Confirm current statutes before you rely on this list.

Owner / manager identityRequired
The lease must name the owner or management company and give a street address (not only a P.O. box) for notices and service of process.
Tex. Prop. Code § 92.201
Flood / floodplain noticeRequired
Give a written flood notice at or before signing. Both parties should sign it. Short-term stays under 30 days and some sale-related occupancies are excepted.
Tex. Prop. Code § 92.0135
Repair-and-deduct / judicial remediesRequired
The lease should disclose the tenant’s repair and judicial remedies in bold or underlined type. Missing that language can cost the landlord procedural protections.
Tex. Prop. Code § 92.056
Smoke detectorsRequired
Residential landlords must install and maintain smoke alarms and tell tenants how to report a problem.
Tex. Prop. Code §§ 92.251–92.261
Security devicesRequired
Texas requires certain locks and security devices. Tenants can request compliant devices; landlords who ignore the request can face rent deduction or termination.
Tex. Prop. Code §§ 92.151–92.170
Late-fee rulesRequired
A late fee must be in the lease, must be reasonable, and generally cannot be charged until two full days after rent is due.
Tex. Prop. Code § 92.019
Lead-based paint (pre-1978)If it applies
Federal lead disclosure and the EPA pamphlet still apply to pre-1978 housing.
42 U.S.C. § 4852d; 24 CFR Part 35

Deposit rule of thumb

Texas does not cap how large a residential security deposit may be. After the tenant surrenders the unit and gives a written forwarding address, the landlord generally has 30 days to return the unused deposit or send an itemized list of deductions. A lease term that requires advance notice of surrender as a condition of refund is effective only if it is underlined or in conspicuous bold print.

Tex. Prop. Code §§ 92.103, 92.104, 92.107

Texas does not prescribe a statewide 24-hour entry rule. Put a reasonable-notice entry clause in the lease. Emergency entry and agreed repairs are customary.

For a month-to-month tenancy, written notice generally must be at least one month if rent is paid monthly (Tex. Prop. Code § 91.001). The tenancy ends on the later of the date in the notice or one month after notice is given.

LeaseGen.io is not a law firm. These notes are educational summaries, not advice.

Frequently asked questions

Plain-language answers about Texas sublease papers. LeaseGen.io is not a law firm. Confirm current statutes before anyone signs.

Can a tenant sublet in Texas?: Most Texas leases require written landlord consent before a sublease. A subtenant does not replace the original tenant on the master lease. The original tenant usually stays liable for rent and damage unless the landlord releases them in writing.
What is the difference between a sublease and an assignment?: A sublease gives a new person possession for part of the term while the original tenant remains on the lease. An assignment transfers the tenant’s entire remaining interest. Both typically need landlord approval.
Does a sublease change the master lease?: No. The sublease is between the tenant and subtenant. The landlord’s deposit-return clock (30 days in Texas) and habitability duties still run against the landlord and original tenant.

Texas Sublease Agreement

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Frequently asked questions