The Common Law

Subletting Your Apartment – Can You Do It?

I am renting an apartment through next summer, but I'm thinking about studying abroad this spring. If I do that, I'd like to rent my place to another student for the spring semester and then move back into my apartment next summer when I return. Can I 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 touch base with the 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 done to the property (i.e., avoid subleasing to your 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 of subleasing is to get the landlord and the new subtenant to form their own agreement.