TX · SUBLEASE-AGMT · Updated July 2026 · Free
Texas Sublease Agreement
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Texas at a glance: Landlord Consent: Mandatory by law (Tex. Prop. Code § 91.005) · Deposit Limit: No statutory limit · Deposit Return: 30 days after subtenant vacates
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Overview
Sublease Agreements in Texas
Texas subleases are strictly governed by the Texas Property Code. Unlike many states where a tenant can sublet if the lease is silent, Texas law explicitly prohibits subleasing *without* the landlord's prior consent under any circumstances (Tex. Prop. Code § 91.005).
Subleasing without consent in Texas is a statutory lease violation, giving the landlord the right to terminate the master lease and evict both the tenant and subtenant.
Key Facts
Texas Sublease Agreement — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Landlord Consent | Mandatory by law (Tex. Prop. Code § 91.005) |
| Deposit Limit | No statutory limit |
| Deposit Return | 30 days after subtenant vacates |
| Late Fee Cap | Must not exceed 12% of rent (for residential) |
Legal Requirements
Texas Legal Requirements
- Prior written consent from the landlord is legally mandatory for any sublease to be valid.
- Sublandlord must return the security deposit within 30 days of the subtenant vacating.
- Late fees must comply with Texas Property Code limits (must be a reasonable estimate of cost).
Governing Laws
Texas Governing Laws
Tex. Prop. Code § 91.005
Subletting Prohibited
Explicitly bans subletting or renting to any other person without first obtaining the landlord's consent.
Tex. Prop. Code § 92.103
Security Deposit Refund
Requires landlords and sublandlords to refund security deposits within 30 days of surrender.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Sublease Agreement — Frequently Asked Questions
Is it legal to sublease in Texas without landlord permission?
No. Texas Property Code Section 91.005 makes it illegal to sublease a rental property without the landlord's consent, regardless of what the lease agreement says.
What is the security deposit return deadline for a sublease in Texas?
The sublandlord must return the security deposit within 30 days of the subtenant moving out and providing a forwarding address.