Subletting in Austin
Subletting an apartment in Austin is legal, but only if your lease gives you express permission to do so.
Written by Ethan Moser
Reviewed by Melanie Reiff
In our increasingly global lives, plans change on a dime – especially when living in a city like Austin. Some of these changes may require you to temporarily leave town and your apartment. On the whole, you’ll want to avoid paying for an apartment you aren’t using without incurring fees for breaking your lease agreement or picking up and moving altogether.
Subletting is the most common and cost effective option for solving these issues, however, not all cities and leases allow you to rent out your apartment to a new tenant while you’re out of town. That why
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Is subletting legal in Austin?
Yes, it is legal to sublet an apartment in Austin. Texas law does not forbid subletting, however, you are only allowed to sublet if permission to do so is written into your lease agreement.
It's imperative that you examine your lease ahead of time to understand the stipulations of the document.. If your lease says no subletting, then you’re out of luck, and going against this clause could give your landlord full right to evict.
If your lease doesn’t expressly forbid subletting, the best practice is to get written approval from your landlord before seeking out temporary tenants.
Can my landlord reject my sublet tenant?
Strictly speaking, a landlord retains the right to reject a proposed subletting tenant, however, only on certain grounds, like ability to pay rent or low credit score.
Texas operates under a Fair Housing Act, meaning that tenants cannot be rejected based on race, religion, national origin, disability, gender, sexual orientation, or disability among others
If your landlord rejects a tenant based on these criteria, as opposed to the tenant having poor credit or a criminal record, a court would likely deem it an unreasonable refusal.
How to sublet an apartment in Austin
The subletting process is fairly straightforward—even for first-timers. Here’s what you should know.
Get the green light from your landlord
The first, and arguably most important, step to subletting your apartment is getting your landlord’s approval. As a general rule of thumb, get written approval from the landlord at least two weeks before you plan to leave town.
You should provide clear information on why you are subletting and askyour landlord if they have any particular requirements for subtenants. You want to come away from the conversation with your landlord confident that you’ll find a qualified and financially responsible subtenant.
Find a subtenant
Once your landlord approves your request to temporarily sublet your apartment, you’ll need to locate a subtenant. If you already have a friend or colleague lined up, you can ignore this step.
Finding a subtenant can be made easier by advertising your sublet on Craigslist and other sites like:
You should be sure to include any requirements for subtenants, like income and credit score requirements, as well as any details about the length and location of the sublet in your post.
Screen applicants’ background and income
In a big city like Austin, you’re likely to get a ton of applicants after advertising your sublet. You should screen out any potential subletters with credit scores lower than your own right off the bat. Your landlord can (and likely will) reject any tenants less financially capable than yourself.
To weed through remaining applicants, take a closer look at their personal background as well as sourcing documentation of their income, like pay stubs.
While there are loads of third party companies that will carry out formal background checks for a fee, you can also look into an applicant’s background by browsing their social media accounts and asking for personal and professional references. It is vital to find a trustworthy subtenant as you’ll be financially responsible for them for the duration of the sublet.
Create a sublease agreement and request approval in writing
When you’ve located a suitable subtenant you’ll need to sit down with them to hammer out a legal agreement that specifies:
- The start and end dates of the sublet
- The amount of rent due per month as well as due dates
- And payment methods and consequences for non-payment
The sublease agreement should be signed by both you and your selected subtenant.
This agreement should then be sent, along with the subletter’s documentation, to your landlord with a written request for approval. This request should include the reason for subletting as well as the sublet’s duration.
Continue to pay rent
With your landlord’s approval, you’ve successfully sublet your Austin apartment! It’s important to remember, though, that you are still responsible for paying rent to your landlord.
Your subtenant should be sending you some or all of your rent for the duration of their stay. However, in the case that they fail to pay, you’re on the hook for the full amount of unpaid rent.
Key Takeaway Get everything in writing! Having legally binding documents from both your landlord and subletter will keep you protected against any unexpected developments.
How to save on renters insurance in Austin
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