Subletting Laws in Texas

Texas law allows subletting, but only if a lease specifically says it is okay. Otherwise, tenants must get permission from their landlord first.

Subletting—also called subleasing—is when a tenant rents out their current unit to another person. In Texas, tenants may only sublease their rental unit if a lease explicitly gives them permission to do so. If a lease doesn’t mention subletting, a tenant is prohibited from doing so until they get their landlord’s approval. These rules are stricter than in many other states, where no mention of subletting in a lease is considered tacit approval to sublet.

A tenant’s right to sublet is determined entirely by the lease
Texas law specifically addresses subleasing. The relevant statute is brief and reads in full:

SUBLETTING PROHIBITED. During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord.1
State law is the final word on this topic, since no cities in Texas have relaxed subletting laws. To break it down further, here’s how the law applies in four potential scenarios:

If a lease prohibits subletting completely, that clause is valid, and the tenant can’t sublet (unless their landlord makes an exception).
If a lease allows subletting—but only with landlord consent—then the tenant must get permission before renting the unit out to a subtenant.
If a lease doesn’t mention subletting at all, it is not allowed without the landlord’s approval.
If a lease includes a clause that allows subletting in all cases and makes no mention of landlord approval, then a tenant can sublet without asking the landlord. However, lease terms this broad are extremely rare.

In many states, landlords can only reject a proposed subtenant for business-related reasons—for instance, a candidate’s financial instability or history of damaging rental properties. This is not the case in Texas, where landlords don’t need a “reasonable” basis for refusing a sublet (unless a lease says that they must).

https://caretaker.com/learn/sublets/local-laws-in-texas