The Common Law

The general information presented in this column is not a substitute for legal advice. For specific advice geared to your specific situation, consult a licensed attorney.

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Subletting -- When Can You Do It

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I'm renting an apartment and have eight more months left on the lease. I'm planning to travel over the next four months and want to rent the apartment to a friend while I'm gone. Do I have the right to rent the apartment to someone else?

You are talking about trying to "sublease" your apartment. 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. But don't give up even if your lease doesn't give you the right to sublease. You can still lawfully sublet if your landlord gives you permission, so your best bet may be to suck up to your landlord and try to get him or her to agree to let you sublet.

Assuming that your landlord consents to the sublease, keep in mind what you're getting yourself into. You'll be liable for any rent the new tenant fails to pay and for any damages he does to the property (i.e., avoid subleasing to your old "college buddy" who's been kicked out of more apartments than you've ever lived in). Also, by subleasing, you essentially become the landlord for the new tenant. From a practical standpoint, this means that the new tenant will contact you when repairs need to be made and you will have to contact your landlord. One way to avoid the drawbacks to subleasing is to get the landlord and the new subtenant to form their own agreement.

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