Free Texas Sublease Agreement

Document a sublease arrangement between an original tenant and a subtenant in Texas

Free Download Fillable PDF Texas Specific

A Texas sublease agreement documents an arrangement where the original tenant (sublandlord) rents the unit or a portion of it to a new occupant (subtenant) while the original lease between the landlord and original tenant remains in effect. The original tenant retains full liability to the landlord for all lease obligations — including rent — regardless of the subtenant’s performance.

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Texas Law — Landlord Consent Required: Texas Property Code § 91.005 provides that a tenant may not sublease without the landlord’s written consent unless the lease specifically permits subletting. Subleasing without consent is a material lease violation that can result in eviction. Always obtain written landlord consent before executing a sublease.

✎ Complete Your Texas Sublease Agreement

All three parties should have a fully signed copy — landlord, original tenant, and subtenant

Key Texas Sublease Rules

  • Written landlord consent — required in virtually all Texas residential leases unless the lease explicitly permits subletting
  • Original tenant remains liable — the sublease does not release the original tenant from obligations to the landlord; if the subtenant doesn’t pay rent, the original tenant is still responsible
  • Sublease term limits — the sublease cannot extend beyond the original lease end date
  • Subtenant screening — the original tenant (acting as sublandlord) should screen the subtenant as carefully as a landlord would screen a new applicant
  • Separate security deposit — the sublandlord typically collects a security deposit from the subtenant independent of the deposit held by the original landlord

Original Tenant’s Continuing Liability

This is the most important concept in subleasing: the original tenant does not escape liability by subleasing. If the subtenant damages the property, fails to pay rent, or violates the lease, the original landlord looks to the original tenant for remedy. The original tenant’s relationship with the landlord is unchanged by the sublease.

❓ Can the landlord refuse to consent to a sublease?
In most Texas residential leases, the landlord has the right to refuse consent to any sublease request. Some leases may require the landlord to have reasonable grounds for refusal; others give the landlord absolute discretion. Review the specific lease provisions carefully before approaching the landlord for consent.
❓ What if the subtenant doesn’t pay rent?
The original tenant remains obligated to pay rent to the landlord regardless of whether the subtenant pays them. If the subtenant fails to pay, the original tenant must cover the rent or face eviction under the original lease. The original tenant can pursue the subtenant separately under the sublease agreement.
Texas Lease Termination LawsSubletting Rules for LandlordsTexas Eviction Notice LawsHow to Handle Lease Violation

⚠ Legal Disclaimer

This form is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant laws vary significantly by state and locality. Notice periods and requirements shown here may not reflect the most current law. Always verify requirements with your state’s statutes or a qualified attorney before serving any notice. Review your state’s landlord-tenant laws.