As a tenant, can I sublet or sublease a property?  

In Texas, a tenant has no right to sublease property without prior consent from the landlord.  This is true for residential as well as commercial lease property.  Unless your written lease specifically grants you the right to sublet, or the landlord has given you permission (get it in writing), then you have no right to allow another person to occupy the property.  Even if the person is not expected to pay rent, without the landlord’s permission that person is an unauthorized occupant and it is a breach of the lease.

As the party to the lease contract you, not your sub-tenant, will be liable to the landlord for all obligations under the lease, including any unpaid rent, cleaning expenses, property damage, etc.  As well, by breaching the lease you may lose any security deposit you provided under the lease.   Finally, the landlord has no obligations to unauthorized occupants and is not required to accept rent from that person, make repairs for that person, and can even have the person removed from the property as a trespasser.

If you are in a situation where you have subleased a property, or have moved into a property as a sub-lease tenant, then contact Andrew Bernick for a consultation on how to possibly resolve the issue.  Call 512-763-5370 or email Andrew@BernickLegal.com

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