Under Texas
law, it’s legal to sublet your Dallas apartment, but only if you have permission to do so in your lease agreement. If you’re planning to be away from your Dallas apartment for a while, arranging to pay rent for a space you’re not currently living in can feel like a drag. To help make ends meet, some renters seek out subletters to help make those rent payments easier.
Finding the right subletter can be a complicated process, though—legally and otherwise. Courtesy of insurance broker and comparison app Jerry
, here’s what you should know about subletting your apartment in Dallas. Is subletting legal in Dallas?
Yes, it’s legal to sublet an apartment in Dallas—if your lease allows it. Texas law allows subletting, but if your lease agreement says you can’t sublet, you’re out of luck.
Here’s how Texas law might apply in different circumstances:
If your lease prohibits subletting, you won’t be able to, and trying to sublet anyway could run the risk of getting you evicted. Your landlord may make an exception for you, but if that’s the case, you’ll want it in writing, and perhaps even an updated lease agreement.
If your lease makes no mention of subletting, you’ll need landlord approval.
You might have a lease that allows subletting but only with the consent of your landlord. If that’s the case, you’ll need their approval before finding a subtenant.
It’s not very common, but you could also have a lease that allows subletting in all cases, in which case, you wouldn’t need your landlord’s permission to sublet your apartment.
In cases where you’ll be allowed a subletter, a good approach is to get your landlord’s approval in writing, either with a letter or an email.
Can my landlord reject my sublet tenant?
Texas law doesn’t spell out a specific process for approving subletters. Your landlord can reject a potential subtenant, and they aren’t necessarily required to respond to your request to sublet, either.
Before giving you approval, a landlord may want to see a potential subletter’s credit score or recent pay stubs.
It’s important to remember that the Federal Fair Housing Act
applies in Dallas, meaning people seeking housing cannot be denied housing based on their race, skin color, national origin, religion, sex, familial status, or disability. If your landlord okayed looking for a subletter but rejected a subtenant for any of these factors, it likely wouldn’t hold up in court. How to sublet an apartment in Dallas
While the process for getting a subtenant approved by your landlord may not be spelled out in Texas law, taking these general steps can help make the process much easier.
Get your landlord’s approval
This step is obvious by now: first, get approval from your landlord to take on a subletter. If your lease has specified an approval process for subletters, you’ll want to follow those steps.
It may help to explain why you’d like to sublet, as well as provide relevant information about the subletter in writing, via letter or email. This should ideally include:
Sublet start and end dates
Provide subletter(s) name, address, and contact information
Any other relevant information, including references or proof of income
If you don’t yet have a subletter in mind, you can still propose a potential subletting term, then circle back once you’ve found a good candidate.
Find a subtenant
If your landlord gives you the okay, you can start your search for a subtenant.
You might already have a subtenant in mind from your own community circles. Otherwise, it might help to post your subletting opportunity across relevant websites, like anyplace.com, sublet.com, or Facebook Marketplace.
In your posting, make sure you’re clear about any requirements from the get-go, including
Other requirements about the apartment itself
Being clear upfront about what’s expected can save you from plenty of headaches later on.
Screen applicants’ backgrounds and incomes
In Dallas, you’re likely to get a good amount of applicants. That said, you’ll be the one responsible for working with your subtenant, so you’ll want to feel confident you’ll be able to trust they’ll respect the property and make on-time payments.
To narrow down your options, you can start by evaluating applicants’ incomes and credit scores to verify whether they can afford your apartment. It might help to revisit the minimum requirements that were in place for you to be able to sign your own lease.
For remaining candidates, check their backgrounds carefully and have them provide proof of income, like pay stubs.
When it comes to background checks, it’s ideal to collect a variety of information. You can conduct a formal background check through a third-party service, check-in with the references they provided, and look at their social media presence.
Create a sublease agreement and request approval in writing
Now that you’ve found your ideal subtenant candidate and gotten your landlord’s approval, the hardest parts are over! The next step is just as important though: you and the subtenant should both sign a sublease agreement.
You’ll want the terms and expectations of the sublease to be laid out clearly in the agreement. Without a sublease agreement, it will be much more difficult to evict a subtenant if things go wrong—like if they stop paying rent or participate in illegal activity on the property.
At the very least, that agreement should include:
Sublet’s beginning and end dates
Amount of rent owed each month
Procedures if rent is unpaid
Once you’ve both signed, you’ll also want to send a copy of the agreement, as well as any other necessary documents, to your landlord.
Continue paying rent
You did it! You’ve found a subletter for your Dallas apartment. Now, just don’t forget to keep paying rent.
Unless you and your landlord agreed otherwise, you’ll still owe your regular rent amount to your landlord. The only difference now is that your subtenant will now be making a rent payment to you. If they don’t give you their rent payment, you’ll still owe rent to your landlord.
You’ll still be on the hook for other terms in your own lease agreement, too.
Key Takeaway Make sure you’ve clearly spelled out the terms and expectations in your sublease agreement, and that both you and the subtenant have signed it.
How to save on renters insurance in Dallas
If you’re subletting an apartment, it’s vital to have a good renters insurance policy that will help protect your liability, as well as any of your personal property that may stay at the apartment. Finding a subletter can be a complicated, tiring process, but finding the right insurance doesn’t have to be.
Insurance broker and comparison app Jerry
can help you search for renters insurance policies from top insurers. For further savings, you can even bundle with your car insurance
. It takes less than a minute to answer several questions, and then you can start reviewing quotes from top insurance companies and pick the policy that’s right for you. With Jerry, users save an average of $887 per year!
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