Texas Application for Sublease

State:
Texas
Control #:
TX-831LT
Format:
Word; 
Rich Text
Instant download

Description Subletting In Texas

This Application for Sublease is a potential Sub-Tenant's application to Landlord for Sub-Lease. Contains information relevant to Landlord's decision to grant or deny Sub-Lease. If granted, Sub-Tenant becomes responsible for rent and complying with terms of lease agreement.


The right of a tenant to sublet largely depends upon the terms of the original lease. If the lease is silent regarding the rights of the lessee to sublease, it is generally accepted that the tenant may sublease. However, if the terms of the original lease state that the premises may not be sublet by the tenant, then of course the tenant may not. The difficult situations occur when the original lease states that the premises may be sublet subject to approval by the lessor. It is advisable that the parties state in advance under what conditions the landlord may withhold his or her consent. Otherwise, the provision will be interpreted by the courts under the standard of "reasonableness".

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FAQ

Under Texas law, you cannot sublease the apartment without your landlord's prior consent. You should check your lease to see if it grants you the right to sublease. A lease that does not mention subleasing means your landlord has not given consent to sublease.

There are many reasons why someone might choose to sublet their apartment. Sometimes a person must move out of their apartment before their lease ends.Subletting an apartment allows tenants to avoid breaking their lease and save money if they intend to return after a period of time.

California isn't the most tenant-friendly state when it comes to subletting. According to California law you must receive written consent from your landlord prior to subletting, and if your lease says no subletting, then that really means no subletting.

Subleasing occurs when the tenant transfers a part of their legal tenancy to a third-party as a new tenant.That means that if a new subtenant does not pay rent for three months, the original tenant that subleased the property is liable to the landlord for the overdue rent amount and any late fees.

Make sure you're allowed to sublet. Find a great sublet candidate (more on how to do this below). Set up your sublet agreement. Go to your landlord for final approval. Once your landlord gives the okay, start subletting.

Writing Your Sublease. State the name of the parties and the date of the contract. Identify the full names of each party and what their role is in the contract. The original leaseholder of the property is the Tenant and the person subletting the property is the Subtenant.

Check your lease. Most likely, your lease contains a clause which requires you to obtain your landlord's approval prior to subletting. Request approval. Make sure your subtenant is qualified. Wait for approval. Sign a sublease and get a security deposit.

Record a liability calculated as the present value of the remaining minimum lease payments due under the original (head) lease, reduced by the present value of any estimated sublease income, Write off the deferred rent from the original lease, and. Record a loss on the income statement for the difference.

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Texas Application for Sublease