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Hear this out loud PauseIf the lessee transfers his or her entire remaining interest in the tenancy, then the transfer is known as an assignment. If the lessee transfers only part of his or her interest, then the transfer is known as a sublease.
Hear this out loud PauseUnder Texas law, if the lease does not provide otherwise, an assignment or sublease always requires the prior consent of the landlord.
A lease assignment occurs when a tenant fully transfers their lease to another party. This is particularly important for tenants who wish to get out of their leases early due to financial issues, especially if a landlord does not allow subleases.
Hear this out loud PauseIn Texas, landlords have the final say in allowing you to sublease unless your lease says otherwise. A landlord can refuse to allow you to sublease. When signing a lease, look to see if there is a subleasing section. If there is one, see if your landlord restricts your ability to sublease.
An assignment is a complete transfer of the tenant's remaining lease term. Any transfer for less than the entire duration of the lease is a sublease.
How to create a sublease agreement Provide a description of the property. ... Add the names of the tenant and subtenant. ... Lay out the terms. ... Discuss any additional information. ... Decide the amount of rent. ... Determine the security deposit amount. ... State any late fees. ... List the policies and/or conditions.