Quick Answer: Subletting and roommate changes under a Texas lease always need the landlord's written approval first. Texas Property Code Section 91.005 bars a tenant from renting the unit to anyone else without that consent, and adding or dropping a name usually requires a new application, a screening, and a signed lease amendment.
Roommates move out. Jobs pull people to another city. Subletting and roommate changes under a Texas lease come up constantly at our Garland apartment community, and the rules are rarely the ones renters expect. Here is what state law actually says, and what the office needs before a name goes on or comes off.
What Subletting and Roommate Changes Under a Texas Lease Actually Cover
Three separate things get lumped together here: subletting the unit to an outsider, adding a person to the lease, and taking a person off it. Texas treats them differently. Only one is addressed by statute. The other two are governed by the lease you already signed.
Joint lease, co tenant, and co renter mean the same thing
Sign one lease with another adult and you are co-tenants on a joint lease. Some documents say co renter instead. The wording does not change the math: everyone who signs owes the full rent, not a half share. Texas RioGrande Legal Aid says the same in its roommate guidance. Skip a share in March and the property is short the whole amount, and it can pursue either of you. Roommate responsibilities like utilities, dishes, and parking are private arrangements. The lease will not enforce them.
Subletting is not automatic in Texas
Section 91.005 of the Texas Property Code runs one sentence: during the lease term, a tenant may not rent the leasehold to any other person without the landlord's prior consent. That is the whole rule. It does not require the landlord to be reasonable. A landlord can simply say no. Texas courts have applied the same limit to lease assignments. Sublet anyway and the original lease still binds you, so a subtenant who stops paying becomes your problem.
How do you add or remove a roommate without breaking the lease?
Ask first, in writing. Most questions about subletting and roommate changes under a Texas lease come down to one thing: who signed. The incoming adult applies, passes the same screening as any other applicant, and signs an amendment. The person leaving is released only when the property agrees to release them.
Two limits shape what management can approve. Section 92.010 of the Property Code caps occupancy at three adults per bedroom, counting anyone 18 or older, so a two bedroom holds six adults at most. Deposits are the other snag. The deposit belongs to the unit, not to a person, and Texas requires a refund within 30 days after the tenant surrenders the premises. When someone leaves mid-lease the deposit usually stays put, and the roommates settle up between themselves. Bring both parties to the leasing office in Garland so it gets signed once.
| Change | What it means | Landlord approval | Who owes the rent |
|---|---|---|---|
| Adding a co tenant | New adult applies and signs the lease | Required | All signers, in full |
| Removing a co tenant | One name released by written amendment | Required | Whoever remains, in full |
| Subletting | You rent the unit to a non-signer | Required under Section 91.005 | You, the original tenant |
| Long-term guest | Someone stays past the guest limit | Unauthorized until approved | You, plus a possible violation |
What is the age to rent a room in Texas?
Eighteen. The age to rent a room in Texas tracks the age of majority, which Chapter 129 of the Civil Practice and Remedies Code sets at 18 years. A contract signed by a minor is generally voidable, so properties will not add a 17 year old to a lease. A minor can live in the apartment as an occupant listed by a parent or guardian instead. When an occupant turns 18 mid-term, ask whether the office wants them added at renewal.
How an in law apartment for rent is different
An in law apartment for rent is a separate accessory dwelling on a single-family lot, not a bedroom inside an apartment. Cities regulate those, not the Property Code. The Garland Development Code restricts accessory dwellings and bars subletting them apart from the main property, so an arrangement that works in one suburb may be barred three streets over. Inside an apartment community the equivalent move is simpler: add a co tenant, or shift to a larger floor plan at renewal.
Can a tenant evict another tenant in Texas?
Usually not. Can a tenant evict another tenant who signed the same lease? No. Both of you hold equal rights to the unit, and only the landlord can pursue removal, through justice court. Changing the locks, cutting the power, or setting a roommate's belongings on the curb is illegal self-help in Texas.
One exception exists. If you alone signed the lease and brought someone in, you are that person's landlord for legal purposes and can file a forcible detainer suit yourself. The floor is a written notice to vacate at least three days before filing under Section 24.005, unless the agreement sets a different period, then a filing in the justice court precinct where the property sits. Senate Bill 38, effective January 1, 2026, applies to suits filed on or after that date. It tightened venue rules, widened notice delivery, and narrowed what a justice court hears.
Evicting a housemate who never signed the lease
Evicting a housemate through the courts is slow, public, and it leaves a filing record that follows both of you into the next application. Try the cheaper path first: ask whether the office will accept an amendment that removes one name and re-qualifies the other on income alone. Plenty will, if the remaining resident meets the standard. Days instead of weeks, and no judgment.
Frequently Asked Questions
1. What are my roommate responsibilities if my co renter stops paying?
Legally, you owe the full rent. A joint lease makes each signer liable for the entire amount, so paying half still leaves the account delinquent and the household in default. Call the office that week about an arrangement, then chase your co renter for the private debt.
2. What is the roommate eviction process in Texas?
Only a landlord can remove a co tenant. If you hold the lease alone and your housemate does not, the roommate eviction process runs like this:
- Serve a written notice to vacate, three days minimum unless the agreement says otherwise
- File a sworn petition in the justice court precinct covering the property
- Show up at the hearing and prove the facts, not the friction
- Wait for the writ of possession, which a constable executes, never you
3. Do month-to-month lease tenant rights change when a roommate leaves?
The termination clock is the main difference. Under Section 91.001 either party can end a month-to-month tenancy, and for a monthly rent period it ends at least one month after notice. Month-to-month lease tenant rights still do not let one co tenant end the tenancy for everyone named on it.
4. Can the property refuse a roommate I picked?
Yes, on lawful grounds. Credit standards, income ratios, rental history, and the occupancy cap in Section 92.010 apply to the incoming adult exactly as they applied to you. What management cannot do is apply them unevenly or deny someone because of a protected class under fair housing law.
5. Does the security deposit get split when one roommate moves out?
Not by the property. The deposit stays with the unit until everyone surrenders it, and the refund follows within 30 days once a forwarding address is on file. Departing roommates usually buy each other out privately, which is worth putting in writing at move-in.
Getting Subletting and Roommate Changes Under a Texas Lease Right
Paperwork before boxes. Talk to the office before anyone packs, get the amendment signed, and keep the deposit conversation between roommates. If a bigger apartment in Garland beats a new roommate, start an application and the team will sort out timing. Handled early, subletting and roommate changes under a Texas lease are routine.
