Subletting an Apartment: Permission and Responsibility
Published by Apartments Texas · Updated
Check approval, payment responsibility and the difference between a sublease and a release.
Ask before offering the space
Read the rules for subletting, assignment, extra occupants, and short stays. Ask which arrangement is allowed and what written approval is needed. Permission for a visitor is not permission for a paying replacement occupant.
Describe the dates, proposed occupant, and whether you intend to return. Ask about screening, applications, and new agreements. Do not promise possession or take money while the necessary approval is unresolved.
Separate permission from release
TexasLawHelp explains that a tenant who sublets can remain responsible for unpaid rent or damage caused by the subtenant unless a separate arrangement changes that responsibility. Permission to sublet does not itself establish release of the original tenant.
Ask who pays the landlord, receives repair notices, holds deposits, and can end each agreement. If management proposes an assignment or new lease, request a clear explanation of when your own obligations end.
Write the operating plan
Document approved occupants, dates, included furniture, utilities, keys, condition, and payments. Keep an inventory and photos of the space being handed over. Decide how urgent problems reach both you and management without sharing personal account passwords.
Check insurance and restrictions on online advertising. Your private agreement with a subtenant should not be assumed to override the main lease. Get advice if the legal structure is unclear before signing or collecting funds. The goal is an approved occupancy with understandable responsibilities, not an informal promise that someone else will pay while your name remains on the original contract. Retain the landlord's approval with both agreements.
Retain a contact plan for the end of the sublease, including inspection, belongings, keys, and any money still to be reconciled.