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Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.
Primary sourcesNot legal advice
Content verified against primary state statutes before publication Last updated: October 2026

Quick Summary - What You Need to Know

  • § 91.005 bars subletting during the lease term without your landlord's prior consent.
  • Texas courts apply the same rule to assignments, so a full lease takeover needs approval too.
  • No Texas section we read sets a deadline to answer, or a duty to be reasonable or give reasons.
  • Your lease can grant broader sublet rights, and only your landlord can sue over an unapproved sublet.
  • Austin's tenant ordinances cover repairs, notice and relocation, not sublet consent.

Understanding the Subletting Clause

No statute
Landlord's deadline to answer a written sublet request in
In Austin you need your landlord's prior consent to sublet, even if your lease never mentions it. Tex. Prop. Code § 91.005 bars renting your leasehold to anyone else during the term without that consent, and Texas courts apply the same rule to assignments. No Texas section we read sets a deadline to answer or a duty to be reasonable.

This page is for Austin renters who want to sublet, often for a summer away from campus, or who are checking a subletting clause before they sign. In Texas the consent rule comes from state law, so your clause sits on top of it.

What the clause can add is a path: a reply date, a fixed fee and a promise that consent will not be unreasonably withheld. Those terms are worth asking for before you sign, while you can still negotiate.

What renters assume

A sublet is a deal between you and the person taking over: find someone decent, hand over the keys, tell the office later.

What is actually true

Section 91.005 requires your landlord's prior consent. A sublease made without it is a breach your landlord can act on, however qualified your replacement is.

Texas sits at the bare end of this chart. New York City makes a landlord answer a certified-mail sublet request within 30 days or be deemed to have consented, and Chicago requires a covered landlord to accept a reasonable sublease with no extra fee attached. Texas requires neither, and Austin doesn't fill the gap.

Clause decoder

Sublet Clause Example - What the Wording Looks Like in Austin, TX

The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

Occupancy of Premises — Tenant shall not assign nor underlet any part or the whole of the premises, nor shall permit the premises to be occupied for a period longer than a temporary visit by anyone except the individuals specifically named in the first paragraph of this tenancy, their spouses, and any children born to them hereafter, without first obtaining on each occasion the assent in writing of Landlord.

Quoted from the published opinion in Slavin v. Rent Control Board of Brookline, 406 Mass. 458, 548 N.E.2d 1226 (1990). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“Tenant shall not assign nor underlet”

Both halves are covered in Texas, and only one of them is in the statute. Tex. Prop. Code § 91.005 speaks to renting the leasehold to another person - a sublet - and Texas courts have extended the same prohibition to assignments of the lease. Handing the whole tenancy to a friend puts you in the same position as renting out a room.

See the example
Which word applies to you decides who stays on the hook. An underletting leaves you as the tenant with the rent still in your name; an assignment is meant to hand the tenancy over entirely. Both need the landlord's prior consent in Texas, so the lease's own labels are what will be argued about if the arrangement goes wrong.
Tenant-favourable“Tenant may assign or underlet with Landlord's written consent, not to be unreasonably withheld”
What this lease said“Tenant shall not assign nor underlet”
Landlord-favourable“Neither assignment nor subletting is permitted; any attempt is void and terminates the term”
2

“for a period longer than a temporary visit”

Section 91.005 is written about renting the leasehold to another person, so what it reaches is an arrangement with money and a term in it. It fixes no point at which someone staying with you becomes a subtenant, and the Texas record here shows nothing else that does - which leaves this phrase, whatever it turns out to mean in your lease, as the rule on how long someone may stay.

See the example
If your lease uses a vague phrase like this one, ask for a number in the addendum before there is anything to argue about. A landlord who will not put a guest limit in writing has kept the discretion to decide it later, at the point where the answer is worth something to them.
Tenant-favourable“Tenant may host a visitor for any period, provided the unit remains Tenant's residence”
What this lease said“for a period longer than a temporary visit”
Landlord-favourable“Any person present on more than five nights in a month is a subtenant requiring consent”
3

“and any children born to them hereafter”

Look at what this clause anticipates and what it leaves out. Children are provided for; a roommate, a partner or a parent moving in are not. § 91.005 is about renting the leasehold to another person, and the Texas record here covers nothing beyond that - no reasonableness test, no reasons, no deadline - so who may live in the unit is a question this paragraph answers on its own.

See the example
Austin adds nothing on subletting either. The city's tenant ordinances cover repairs, notice and relocation rather than sublet consent, so on this record it is § 91.005 and the lease that control. Anything beyond what the paragraph says has to be negotiated into the lease itself.
Tenant-favourable“The household may grow by birth, marriage or agreement without further consent”
What this lease said“and any children born to them hereafter”
Landlord-favourable“Any increase in the household requires Landlord's written approval and a rent adjustment”
4

“without first obtaining”

“First” in the lease and prior in the statute are the same instruction, so permission sought after the subtenant has moved in is not the consent § 91.005 describes. There is no statutory requirement that a Texas landlord be reasonable, give reasons, or answer within any set number of days, and nothing in this record turns a landlord's silence into a yes. In New York the same silence for 30 days would already have counted as consent.

See the example
Two Texas details cut the other way and are worth knowing. The prohibition exists for the landlord's benefit, so only the landlord may sue over a sublease made without consent - the missing consent is the landlord's objection to raise, not the subtenant's. And a lease may grant broader sublet rights than the statute, so read your own paragraph before assuming the answer is no.
Tenant-favourable“Landlord shall approve or refuse a proposed subtenant in writing within ten days of request”
What this lease said“without first obtaining”
Landlord-favourable“Landlord is under no obligation to respond to any request to sublet”
What the court did with it

The landlord did not have to be reasonable, and the tenant lost. The Supreme Judicial Court read this clause and refused to add anything to it: a residential lease requiring the landlord's written assent before an assignment, an underletting or an additional occupant carries no implied duty to act reasonably. Absent express lease language - or a statute - saying consent will not be unreasonably withheld, the landlord may refuse arbitrarily, so a blanket refusal to accept any replacement occupant did not excuse the tenant's breach. The annulment of the rent board's decision was affirmed and the certificate of eviction ordered to issue. The court knew it was declining a trend: it found no demonstrable trend involving residential leases, reasoned that in a rent-controlled town a landlord has little economic incentive to withhold consent, warned that the opposite rule would generate a plethora of litigation, and handed the question to the Legislature - noting in a footnote that four states had already legislated, New York's Real Property Law § 226-b among them. Two limits belong with the holding. The disposition was not a clean sweep: the court reversed the Appellate Division's award of double costs and attorneys' fees even as it affirmed the annulment. And the closing footnote says the court makes no suggestion about the rule it might adopt in other contexts - this is a rule about residential leases and nothing wider.

How this state's law treats this clause
Texas is blunt about this one. During the lease term a tenant may not rent the leasehold to another person without the landlord's prior consent, and the statute stops there - no reasonableness test, no deadline, no reasons required: Tex. Prop. Code § 91.005

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

Texas Law on Subletting Clause

The law in Texas
  • Section 91.005 states that during the lease term a tenant may not rent the leasehold to another person without the landlord's prior consent.
  • Texas courts have extended the same prohibition to assignments of the lease, not just sublets.
  • There is no statutory requirement that a Texas landlord be reasonable, give reasons, or answer within any set number of days.
  • Because the prohibition exists for the landlord's benefit, only the landlord may sue over a sublease made without consent; a lease may grant broader sublet rights.

Sources include Tex. Prop. Code § 91.005 - statutes change; verify the current text for your situation.

Copy and send: Before anyone moves in, once you have read your lease's subletting clause

Ask for consent to sublet

Fill in the brackets and keep a copy of what you send.

Here is how Tex. Prop. Code § 91.005 applies to you:

  • Consent first. During the lease term, you may not rent the leasehold to another person without your landlord's prior consent, whether or not your lease mentions subletting.
  • Assignments too. Texas courts have extended the same bar to assignments, so a full lease takeover needs approval just like a summer sublet.
  • No clock, no standard. Our record of Texas law finds no requirement that a landlord be reasonable, give reasons or answer within any set number of days.
  • Only the landlord can sue. The rule exists for the landlord's benefit, so only your landlord can sue over a sublease made without consent.
  • Your lease can give more. A lease may grant broader sublet rights than the statute. Where it does, those written terms control.

What's Specific to Austin

How Texas compares

Landlord's deadline to answer a written sublet request, state by state

Landlord's deadline to answer a written sublet request by stateEach square is a state; Texas is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZNo figureArkansas: guide coming soonARCaliforniaCANo figureColoradoCONo figureConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDCNo figureFloridaFLNo figureGeorgiaGANo figureHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisILNo figureIndianaINNo figureIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKYNo figureLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMDNo figureMassachusettsMANo figureMichiganMINo figureMinnesotaMNNo figureMississippi: guide coming soonMSMissouriMONo figureMontana: guide coming soonMTNebraska: guide coming soonNENevadaNVNo figureNew Hampshire: guide coming soonNHNew JerseyNJNo figureNew Mexico: guide coming soonNMNew YorkNY30 daysNorth CarolinaNCNo figureNorth Dakota: guide coming soonNDOhioOHNo figureOklahoma: guide coming soonOKOregonORNo figurePennsylvaniaPANo figureRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTNNo figureTexasTXNo figureUtah: guide coming soonUTVermont: guide coming soonVTVirginia: guide coming soonVAWashingtonWANo figureWest Virginia: guide coming soonWVWisconsinWINo figureWyoming: guide coming soonWY

30 daysNo figureGuide coming soonYou are here

See all 25 cities as a chart

Landlord's deadline to answer a written sublet request

Same clause, 25 cities, different rules. Tap any city for its own guide.

Austin, Texas
No statute
Miami, Florida
No statute
Portland, Oregon
No deadline
Washington, District of Columbia
No deadline, lease may bar it
Columbus, Ohio
No statute; lease controls
Newark, New Jersey
No deadline; city bars short-term sublets
Detroit, Michigan
No deadline; lease controls
Baltimore, Maryland
No set deadline
Minneapolis, Minnesota
No set deadline
Milwaukee, Wisconsin
No deadline; lease may restrict
Kansas City, Missouri
No deadline; written assent required
Indianapolis, Indiana
No set deadline
Louisville, Kentucky
No set deadline

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

Our record of Austin law finds no sublet rule. The city's tenant ordinances cover repairs, notice and relocation, not sublet consent, so § 91.005 and your lease control.

Most Austin complexes use apartment-association paperwork that requires written consent and routes you into the property's own transfer or relet program, with a fee. In West Campus and East Riverside, where by-the-bed student leases are common and many renters leave in May, that program is often the only version management will approve.

Does the lease spell out a sublet approval process?

It should name the steps and promise a written decision by a stated date. No Texas section we read gives you one.

Does it say consent will not be unreasonably withheld?

No Texas section we read requires a reasonable answer. Written into your lease, that promise gives you a standard to hold the landlord to.

Does it ban subletting without any exception?

A flat no can leave you paying rent on an empty unit all summer. Raise it before you sign.

Does it let the landlord keep sublet rent?

A clause routing your subtenant's payments to the landlord while you still owe rent means paying twice for one apartment.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

Red Flags to Watch Out For

  • Consent at landlord's sole discretion

    Common Texas wording. No Texas section we read requires a reasonable answer, and this clause writes a bare no into your contract.

  • Sublet fee with no dollar figure

    Approval priced as applicable charges lets the number appear after you have lined up a subtenant. Get a fixed amount written in before you sign.

  • Automatic default for any sublet

    A clause turning an unapproved sublet into an immediate lease default hands your landlord an eviction path over a summer roommate.

  • Approval by leasing-office handshake

    A leasing agent's okay won't survive a staff turnover. Get approval in writing, naming your subtenant and the dates.

  • Consent revocable at any time

    Some leases let the landlord withdraw sublet approval later with no cause. That puts your subtenant's stay at risk mid-term while you still owe the rent.

Your Rights as a Austin Tenant

  • Written consent settles it

    Once your landlord consents under § 91.005, the sublease is valid and can't be treated as a breach. Keep the approval on paper.

  • Only the landlord can challenge it

    The consent rule exists for the landlord's benefit, so a subtenant or roommate can't use § 91.005 against you. Only your landlord can sue.

  • Your lease can beat the statute

    A lease may grant broader sublet rights than § 91.005. Where yours does, those written terms control, so read your clause first.

  • Check the lease for a sublet fee

    No Texas section we read sets a sublet or approval fee. Check your lease for one, and negotiate it before you sign.

What To Do - Step by Step

1

Read your sublet clause first

Check whether consent is required, what approval costs and whether assignments are banned too.

2

Ask in writing

Email the property manager your subtenant's name, the dates and the rent. A written request is the only version you can prove later.

3

Bring a strong applicant

Choose someone who already meets the property's income and credit standards. No Texas section we read requires a reason for a refusal.

4

Set your own follow-up date

Put a reply date in your first email and follow up in the same thread, since no Texas section we read sets one.

5

Get consent on paper

A signed approval naming your subtenant and the dates is what makes the sublease safe. Do not move anyone in on a verbal yes.

6

Ask about the relet program

If consent won't come, ask about the property's transfer or relet option and get the fee in writing first.

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Frequently Asked Questions

can i sublet my apartment in texas without permission
No. Tex. Prop. Code § 91.005 requires your landlord's prior consent before you sublet during the lease term, even if your lease is silent. Your subletting clause can grant broader rights, so read it. A sublease without consent is a breach your landlord can act on.
how long does my landlord have to answer a sublet request in austin
No Texas section we read sets a deadline or requires a reason for a refusal, and our record of Austin law finds no sublet rule. Look for a reply date in your lease's subletting clause, or ask for one before you sign.
can my landlord say no to a sublet for no reason in texas
No Texas section we read requires a reason. Section 91.005 requires your landlord's prior consent and sets no reasonableness standard for a refusal. Your leverage is the subletting clause itself, such as a promise that consent will not be unreasonably withheld, negotiated before you sign.
is a summer sublet in west campus against my lease
Usually, without written approval. Section 91.005 requires your landlord's consent even when the lease is silent, and most Austin complexes require written consent. Get the approval on paper before your subtenant pays you anything.

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Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general Texas and Austin law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in Texas for advice about your specific situation.