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Texas Sublease Agreement

A Texas sublease agreement is a legal contract that allows a tenant (referred to as the sublessor) to rent out all or part of their property to another individual (the sublessee) in exchange for regular payments. The sublessee is bound by the terms and conditions of the original lease agreement, while the original tenant remains liable for any damages to the property, payment of rent, and any breaches of the original lease.

Texas Sublease Agreement

Texas Sublease Agreement

Right to Sublet

In Texas, tenants must obtain prior written consent from their landlord before subletting their rental unit. This requirement applies even if the original lease does not explicitly address subletting. If a landlord grants permission, the conditions for subletting must be included in the lease agreement. A Landlord Consent Form can be utilized to document this permission in writing.

Standard Components of a Texas Sublease Agreement

A typical Texas sublease agreement includes the following elements:

  • Names of the Parties: Identification of the sublessor and sublessee.
  • Term: Start and end dates of the sublease.
  • Rental Unit Location: Address of the rental unit as per the master lease.
  • Rent: Amount of rent, payment schedule, and payment method.
  • Master Lease Inclusion: Attachment of the Master Lease and any exceptions clearly stated.
  • General Conditions: A statement that the written sublease contains all agreements and can only be modified in writing.
  • Security Deposit: Details regarding the security deposit, which is held by the sublessor.
  • Pet Deposit: Information about any additional pet deposits, excluding service and emotional support animals.
  • Return of Security Deposit: Obligations regarding the return of the security deposit within 30 days after the subtenant vacates, contingent upon providing a forwarding address.
  • Smoke Alarm Addendum: Compliance with Texas Property Code regarding smoke alarms, including liability for disabling them.
  • Asbestos Addendum: Information about asbestos for properties built before 1981.
  • Lead-Based Paint Notice: Required notice for properties built before 1978.
  • Inventory of Included Items: List of items included in the sublease.
  • Utilities: Specification of which utilities are paid by the sublessor and sublessee.
  • Disputes: Procedures for resolving disputes, potentially including mediation or arbitration.
  • Liability: Responsibilities for damages between the sublessor and sublessee.
  • Authorized Occupants: Identification of authorized tenants and guests.
  • Parking Policy: Designated parking areas and related policies.
  • Smoking Policy: Restrictions on smoking within the rental unit.
  • Landlord’s Consent: Description of how to obtain landlord permission if not already included in the Master Lease.
  • Signature: Signatures of all parties involved in the agreement.

Tax Implications of a Sublease

In Texas, sublessors may be subject to state and local taxes if they sublet a property for 30 days or less. The following taxes may apply:

  • State Hotel Occupancy Tax: 6% for rentals costing $15 or more per day.
  • Local Hotel Occupancy Tax: Varies by location, applicable to rentals costing $2 or more per day.

Filing and Payment

Sublessors must file taxes either monthly or quarterly, with specific due dates for each filing period. Payments are made to the Texas Comptroller, and requirements depend on the amount of taxes paid in the previous fiscal year.

The following laws govern subleasing in Texas:

  • Sublease and Assignment Provision Laws: Tex. Prop. Code § 91.005
  • Landlord-Tenant Laws: Texas Statutes Property Code Title 8, Chapter 92 – Residential Tenancies

Statutes

FAQs

Yes, in Texas, you must obtain explicit written permission from your landlord before subletting your apartment. This requirement applies even if your lease does not address subletting. If you fail to get permission, your landlord has the right to evict the subtenant and pursue damages.

A Texas sublease agreement typically includes the names of the parties, the term of the sublease, rental unit location, rent details, security deposit information, and conditions regarding utilities and disputes. It should also address landlord consent and any specific policies related to smoking or pets.

If you sublet a property in Texas for 30 days or less, you may be subject to state and local hotel occupancy taxes. The state hotel occupancy tax is 6%, and local taxes vary by location. It’s important to check local regulations to ensure compliance.

If your landlord refuses to approve your subtenant, you cannot proceed with the sublease. The landlord can deny a subtenant for lawful reasons, such as poor credit or rental history. It’s crucial to ensure that your potential subtenant meets the landlord’s qualifications.

In Texas, a sublessor must return a subtenant’s security deposit within 30 days after the end of the sublease. However, the landlord is not obligated to return the deposit until the tenant provides a forwarding address.

Subletting without permission in Texas can lead to eviction of the subtenant and potential legal action against both the tenant and subtenant for damages. It’s essential to follow the proper procedures to avoid these consequences.

Yes, in Texas, landlords can charge a pet deposit when subletting, except for service dogs and emotional support animals. This should be clearly stated in the sublease agreement.

To obtain landlord consent to sublet in Texas, you should submit a written request to your landlord, detailing the proposed subtenant and the terms of the sublease. If the landlord agrees, they should provide written consent, which can be included in the sublease agreement.