Texas Sublease Agreement Template

A Texas sublease agreement allows a Tenant (sublessor) to rent their residence to someone else (sublessee). The original lease stays active, and the Tenant becomes the Landlord to the new renter until the original lease ends or is canceled.

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Last updated March 16th, 2025

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A Texas sublease agreement allows a Tenant (sublessor) to rent their residence to someone else (sublessee). The original lease stays active, and the Tenant becomes the Landlord to the new renter until the original lease ends or is canceled.

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Tenants Right to Sublet

Tenants can’t sublet their rental property without the Landlord’s written approval, unless the lease allows it. [1] If approval is required, Tenants can use a Landlord Consent Form. [2]

Short-Term Rental / Lodgings Tax

  • The Hotel Occupancy Tax in Texas applies to rentals priced at $15 or more per day for stays under 30 days. [3]
  • The state tax rate is 6%, and additional local taxes may apply depending on the location. [4]
  • Local taxes are applicable to rentals costing $2 or more per day.

Sources

  1. § 91.005
  2. § 94.057
  3. § 156.101
  4. comptroller.texas.gov

Sample