Subletting in Houston
Subletting in Houston is legal, but make sure it states so in your lease and always seek approval from your landlord.
Written by Nicole Salvia
Reviewed by Melanie Reiff
You can sublet your apartment in Houston but only if it specifically states so in your lease agreement. Even then, it’s smart to get written approval from your landlord.
Sometimes circumstances are beyond our control. There may be a time when you have to pick up and move whether it’s for a job relocation or family troubles. You can avoid paying for an apartment you won’t be using without breaking your lease.
Subletting could offer you some financial relief if you find yourself suddenly relocating. A sublet is an agreement where someone else takes over your existing lease.
Jerry
, the insurance broker app
, is here to help you navigate subletting in Houston: when you can do it, when you can’t, and how to do it the right way. Is subletting legal in Houston?
Yes, it’s legal to sublet an apartment in Houston. However, Texas law states that you may not rent your apartment to another person without the landlord's consent. If subletting is allowed, it will say so within your lease.
Always review your lease before considering a sublet. If the lease restricts subletting, any unapproved sublet would put you at risk for eviction and most likely loss of any deposits.
If your lease does not ban subletting—or even mention subletting—it is assumed under Texas law that it’s not an option for you. You can, however, request to sublet by contacting your landlord.
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Can my landlord reject my sublet tenant?
Yes, and in Texas, landlords don’t need a reason for rejecting a sublet agreement or subtenant. In many other states, landlords can only reject a proposed subtenant for financial troubles or history of defacing other rentals.
As long as your landlord agrees to sublet and approves the proposed subtenant, then you are free to proceed.
Key Takeaway Subletting is allowed in Texas if it is approved by your landlord. It is always smart to get approval in writing.
How to sublet an apartment in Houston
Finding a subtenant can be a little nerve-wracking. While Texas doesn’t lay out an actual process for subletting, these steps will help you navigate the process.
Get the okay from your landlord
First, you need to review your lease. If your lease does not mention subletting, make sure you have written permission from your landlord to proceed. Planning at least two weeks ahead of your move should allow enough time for the right communication between you and your landlord.
Discuss the reasons you want to sublet your apartment. Be direct and honest. This proves to the landlord that you are a trustworthy tenant who respects them and their property. Landlords don’t want to lose money.
Find a subtenant
If your landlord has agreed to your proposal, it’s time to find your new tenant. Maybe you already have an interested friend. If so, you can skip past this next step.
If you don’t have a tenant lined up, you’ll need to start advertising availability. Post on websites like:
Take into account any potential subtenants’ income and job security. Also, be sure to list the anticipated length of stay, any additional costs like utilities, parking, and building fees.
Finding a subtenant is like finding a roommate. If you wouldn’t live with them, don’t let them live in your leased apartment.
Screen applicants’ background and income
Houston is a fairly large commuter city so you shouldn’t have a hard time finding a subtenant. You should rule out anyone whose income or credit score is lower than yours. If they are less financially secure than you are, most likely, your landlord won’t be pleased.
For any potentials, take a good look at their background. You can also request a recent pay stub for proof of employment.
It’s a good idea to use a third-party company for background checks. Another option is to simply ask for references. A little Facebook research may also help put you at ease. They will need to be someone you can trust and easily communicate with. After all, you’ll be legally and financially responsible for your subtenant!
Create a sublease agreement and request approval in writing
Once you’ve settled on the perfect subtenant, you’ll want to create a legal agreement you both agree on:
- Clearly state the start and end dates of the sublet
- Note the monthly cost of rent
- List any processes for both payment and nonpayment (including late payment)
You and the subtenant should sign this agreement and each retain an original copy.
Next, send the sublease and all documents relating to the applicant, along with your written request to your landlord for approval. Make sure your request includes all the details of the sublease and your reason for choosing to do so.
Continue paying rent
Hopefully, you’re well on your way to subletting your apartment by now. Don’t forget that you are still responsible for paying rent.
The subtenant will be making payments directly to you and in turn, you’ll be making payments to your landlord. Should anything go awry, or if they’re unable to make rent, you are still responsible for the full amount.
Key Takeaway Document, document, document! Always have correspondence and any concerns in writing so you’ll be covered in case of unexpected emergencies.
How to save on renters insurance in Houston
If you decide to sublet your apartment, it’s critical to have a good renters insurance policy to protect yourself from any legal surprises or big financial hits.
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