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 term: ☐ Fixed through [__/__/____] ☐ Month to month. 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]. If monthly, each full rent period is a calendar month and rent is due on day [1-28] of that month; for another period, the covered dates are [PERIOD RULE] and rent is due [DAY/DATE]. Pay [PAYEE] at [ADDRESS/ACCOUNT] by [METHOD]. First full rent period, if any: [START DATE THROUGH END DATE / NONE], at the recurring rent stated above, due [__/__/____ / NONE] (the selected due date). Complete the schedule for any initial or final partial rent period; write "none" where a period does not apply. If the whole term fits within one partial period, complete the initial row and mark the final row and first full period "none." Each partial amount replaces recurring rent for its covered dates; do not charge the same dates twice.

Credit rent already paid for the initial or final covered dates against the completed amount for those dates. Sublessor will return any excess prepaid rent within 15 days after this sublease lawfully ends and Subtenant surrenders possession. This rent settlement is separate from the deposit accounting in Section 3 and does not release Sublessor from the master lease.

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.

REPAIR REMEDIES NOTICE: If Sublessor is liable under Texas Property Code § 92.056 after Subtenant gives the required notice and reasonable time to repair, Subtenant may terminate the sublease, arrange repair and deduct its cost as allowed by § 92.0561, or seek judicial remedies under § 92.0563. Section 92.0561 imposes additional notice, condition, and cost limits.

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.
• Exhibit D: Separately signed lead disclosure for covered target housing, with approved pamphlet and available records delivered before obligation: ☐ Attached ☐ Not applicable after coverage review.
• Other local or program disclosures: [IDENTIFY / NONE APPLICABLE].

Texas lease notices

Early termination: Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.

Certain sexual offenses or stalking: Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.

Floodplain notice: Sublessor ☐ is or ☐ is not aware that the dwelling you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood.

Flood history notice: Sublessor ☐ is or ☐ is not aware that the dwelling you are renting has flooded at least once within the last five years.

The flood notices above are included in this signed sublease and are given by execution. Texas Property Code § 92.0135(a-1) exempts leases shorter than 30 days and the specified temporary sale-related tenancies; if exempt, identify the basis: [NOT EXEMPT / BASIS].

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: [________________]

Exhibit D — Federal lead-based paint disclosure for covered pre-1978 housing

Construction year: [____]. Complete and sign this exhibit before Subtenant is obligated to lease covered target housing. Sublessor gives Subtenant the federally approved lead-hazard pamphlet and all available lead records or reports before Subtenant is obligated.

A separately rented individual room is generally a 0-bedroom dwelling under 40 C.F.R. § 745.103, but that exception does not apply when a child under six resides or is expected to reside in the housing. Confirm coverage for this rental before marking the exhibit inapplicable.

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor's disclosure: ☐ Sublessor knows of lead-based paint or lead-based paint hazards in the dwelling. Location, condition of painted surfaces, and basis for that knowledge: [________________________________]. ☐ Sublessor has no knowledge of lead-based paint or lead-based paint hazards in the dwelling.

Records and reports: ☐ Sublessor has provided Subtenant copies of all available lead-based paint or lead-hazard records and reports, listed here: [________________________________]. ☐ Sublessor has no such records or reports.

Subtenant's acknowledgment: Subtenant acknowledges receipt of Sublessor's disclosure above, the identified records and reports (if any), and the federally approved lead-hazard information pamphlet.

Agent's acknowledgment, if an agent participates: Agent has informed Sublessor of Sublessor's obligations under 42 U.S.C. § 4852d and is aware of Agent's duty to ensure compliance with the federal disclosure rule. ☐ No agent participates.

The undersigned certify that their statements in this exhibit are accurate to the best of their knowledge.

Sublessor: [SIGNATURE] Date: [__/__/____]

Subtenant: [SIGNATURE] Date: [__/__/____]

Agent, if any: [SIGNATURE] Date: [__/__/____]