In Texas, a sublease agreement is a legal document that establishes a residency agreement between two tenants, a sublessor and a sublessee. In this situation, the sublessor is the tenant who originally signed a leasing agreement and now has to leave the apartment for a period of time. Instead of vacating the unit permanently, the tenant can find a sublessee, a person who will move in on a temporary basis and live in the unit, paying rent, and acting as a placeholder until the original tenant returns. These agreements can be extremely beneficial for everyone involved, as the sublessor gets to fulfill his or her rental obligations to the landlord, the sublessee gets housing for a period of time without a long term commitment or extensive background checks, and the landlord will still receive rent payments without having potential lapses in rent while searching for a new tenant. One interesting fact about sublease agreements is that the original tenant’s name remains on the lease even though a sublessee will be living in the unit. If anything unfortunate happens such as a lapse in rent payments, damage to the unit, or if the sublessee abandons the apartment, the original tenant will be held responsible.
In the state of Texas, a tenant must obtain written permission from his or her landlord in order to sublet their apartment. A tenant’s ability to sublease their unit will depend on what is in their lease.