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Texas Sublease Agreement

A Texas sublease agreement is used when a tenant (sublessor) wishes to lease their residence to another person (sublessee). When subletting, the original lease remains in force, and the tenant acts as landlord to the new renter until the original lease expires or is otherwise terminated.
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Right to Sublet

In general, tenants in Texas may not rent to any other person without the prior consent of their landlord.[1] If the landlord does permit subletting, the conditions for doing so must be included in the lease.[2] A Landlord Consent Form can be used to grant permission in writing.

Short-Term (Lodgings) Tax

The state’s Hotel Occupancy Tax applies to rentals costing $15 or more each day and lasting fewer than 30 days.[3] Local Hotel Occupancy Tax may apply to the rental of a sleeping room costing $2 or more each day.

Texas short-term rental taxes:

  • 6% state Hotel Occupancy Tax[4]
  • Applicable local Hotel Occupancy Tax (varies by location)