Residential Sublease Agreement - Texas
Residential Sublease Agreement — Texas
Before you use this: Texas Property Code § 91.005 requires the Primary Landlord's prior consent to sublet. Obtain and attach it before signing or occupancy. Review the complete master lease and complete property-specific and housing-program disclosures.
This Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The owner or primary landlord is [NAME] (“Primary Landlord”).
1. Premises, master lease, and consent
Address: [STREET, UNIT, CITY, TEXAS ZIP]. Space: ☐ Entire dwelling ☐ [ROOM/AREA] with shared use of [COMMON AREAS]. Master lease dated: [__/__/____]. Master lease ends: [__/__/____]. The complete master lease, amendments, and rules are attached as Exhibit A and delivered to Subtenant.
Primary Landlord's prior written consent to this specific sublease is attached as Exhibit B or signed below. Master-lease subletting provision: [SECTION AND TERMS / NONE]. Housing-program authorization, if applicable: [EXHIBIT B / NOT APPLICABLE]. Subtenant will not occupy before consent and any required program authorization are documented. Sublessor remains responsible under the master lease unless Primary Landlord separately releases Sublessor in writing.
2. Fixed term, rent, and services
The sublease begins [__/__/____] and ends [__/__/____], no later than Sublessor's lawful right to possession under the master lease. An extension requires a signed writing and renewed consent if the Primary Landlord requires it. Rent: $[____] per [MONTH / OTHER PERIOD], due [DAY/DATE] to [PAYEE] at [ADDRESS/ACCOUNT] by [METHOD]. First partial period: $[____ / NONE] for [DATES], due [__/__/____].
Late fee: ☐ None ☐ One flat fee of $[____] if any rent remains unpaid after two full days have elapsed after its original due date. An incomplete amount means no fee is agreed. The agreed fee must be reasonable and is contractually capped at 12% of rental-period rent if the structure has four or fewer dwelling units, or 10% if it has more than four. Number of units in structure: [____]. Utilities/services paid by Sublessor: [LIST]. Paid by Subtenant: [LIST AND ALLOCATION]. Other charges: [ITEM, AMOUNT, DUE DATE / NONE].
3. Deposit and accounting
Subtenant pays a refundable security deposit of $[____ / ZERO], contractually limited to no more than one month's rent. Sublessor may deduct only damages or charges for which Subtenant is legally liable under this Agreement or its breach and will not deduct for normal wear and tear. Move-in condition record: [EXHIBIT C / IDENTIFY].
After Subtenant surrenders the dwelling and gives Sublessor a written forwarding address, Sublessor will refund the deposit balance within the time required by Tex. Prop. Code §§ 92.103 and 92.107, ordinarily 30 days after surrender when the address has been provided. If an amount is retained, Sublessor will send an itemized written list of deductions, subject to the statutory exception for undisputed rent owed at surrender. Subtenant does not forfeit the refund by initially omitting a forwarding address. Forwarding address: [ADDRESS / TO BE PROVIDED IN WRITING].
4. Occupancy, repairs, and entry
Permitted occupants: [NAMES]. Pets: [TERMS / NONE]. Parking/storage: [TERMS / NONE]. Attached rules: [IDENTIFY / NONE]. Subtenant will keep the dwelling reasonably clean, report conditions needing repair to [PERSON OR ADDRESS WHERE RENT IS NORMALLY PAID], and pay for damage caused by Subtenant or guests beyond ordinary wear. Sublessor will make a diligent effort to repair qualifying conditions after proper notice when Tex. Prop. Code § 92.052 applies, coordinating work that requires Primary Landlord's action.
For ordinary inspection, repair, service, or showing, Sublessor will give at least 24 hours' advance notice and enter at a reasonable time. This is an express contract term. In an emergency, Sublessor may enter as reasonably needed to protect people or property and notify Subtenant as soon as practicable afterward. Entry will not be used to harass Subtenant.
5. Owner, manager, notices, and surrender
Holder of record title: [NAME AND STREET OR P.O. BOX ADDRESS]. Off-site management company, if one primarily manages the dwelling: [NAME AND STREET ADDRESS / NOT APPLICABLE]. Providing these details in this Agreement supplies written disclosure under Tex. Prop. Code § 92.201. Sublessor repair and notice contact: [NAME, ADDRESS, PHONE]. Subtenant notice address: [DWELLING / OTHER ADDRESS]. The parties will promptly share Primary Landlord notices affecting this sublease.
At lawful termination, Subtenant will surrender the dwelling, remove personal property, return keys to [PERSON], leave it reasonably clean subject to normal wear, and provide a written forwarding address. A default or possession action follows lawful process. No provision authorizes self-help removal.
- Exhibit A: Complete master lease, amendments, and rules: ☐ Attached and delivered.
- Exhibit B: Primary Landlord's prior consent and any program authorization: ☐ Attached ☐ Signed below.
- Exhibit C: Move-in condition record: ☐ Attached.
- Applicable local, federal, or program disclosures: [IDENTIFY / NONE APPLICABLE].
6. Agreement and signatures
Texas law governs. No term waives a nonwaivable right. An unenforceable term does not cancel the remaining lawful terms. Changes require a writing signed by both parties and any required consenting person. Each party receives a signed copy.
Sublessor: [SIGNATURE] Date: [__/__/____] Printed name: [________________]
Subtenant: [SIGNATURE] Date: [__/__/____] Printed name: [________________]
Primary Landlord's prior consent: I consent to this specific sublease. This signature alone does not release Sublessor from the master lease.
Primary Landlord/agent: [SIGNATURE] Date: [__/__/____] Printed name/capacity: [________________]
About this template
- Last updated
- September 27, 2026
- Citations checked
- September 27, 2026
- Jurisdiction
- Texas
- Category
- Landlord & Tenant
Legal authority
- Tex. Prop. Code § 91.005
- Tex. Prop. Code § 92.001(2)
- Tex. Prop. Code § 92.019(a)-(b)
- Tex. Prop. Code § 92.052(a)
- Tex. Prop. Code § 92.103(a)
- Tex. Prop. Code § 92.104(a)-(c)
- Tex. Prop. Code § 92.107(a)-(b)
- Tex. Prop. Code § 92.201(a)-(c)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 27, 2026.
Tex. Prop. Code § 91.005 (checked September 27, 2026): "During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord."
Tex. Prop. Code § 92.001(2) (checked September 27, 2026): ""Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease."
Tex. Prop. Code § 92.019(a) (checked September 27, 2026): "A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (2) the fee is reasonable; and (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due."
Tex. Prop. Code § 92.019(a-1) (checked September 27, 2026): "For purposes of this section, a late fee is considered reasonable if: (1) the late fee is not more than: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units"
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