Tex. Prop. Code Ann. §§ 91.001–91.006 § 91.005
SUBLETTING PROHIBITED.
Operative Text
Sec. 91.005. SUBLETTING PROHIBITED. During the term of a lease, the tenant may not rent the leasehold to any other person without the prior consent of the landlord. Acts 1983, 68th Leg., p. 3627, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Under Texas Property Code § 91.005, a tenant is prohibited from subletting or renting the leased property to another person while the original lease is in effect, unless the landlord has given prior consent. This rule establishes that the landlord's approval must be obtained before any subletting arrangement is made — not after the fact. The provision applies for the entire duration of the lease term.
Plain English — not legal advice.
Under § 91.005, landlords in Texas hold the authority to approve or deny any subletting of their property during an active lease term. Compliant operators typically include clear subletting language in their lease agreements and establish a written process for tenants to request subletting consent. Maintaining documentation of any consent granted — or denied — helps create a clear record should a dispute arise.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 91.005 of the Texas Property Code means that subletting without your landlord's prior consent is not permitted during your lease term. If you wish to sublet, the general practice is to submit a written request to your landlord before making any arrangements with a prospective subtenant. Tenants who believe their rights related to this provision have been affected may wish to consult a tenant-rights organization or legal aid service familiar with Texas property law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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