Mesquite, TX asked in Small Claims and Landlord - Tenant for Texas

Q: Is it legal to sublease a room without a any written agreement?

I have been subleasing a single room from a woman. At the end with my subleasing I gave her a 30-day notice and paid for the full month of December. Even though I paid for the full month of December I moved into the new apartment mid-December. She said because of this it was not a 30-day notice even though I paid the full months rent. She told me if I moved out early she would give me back my deposit and she would give me back a prorated rent but came up with reasons to not give me neither. I'm taking her to small claims court but would like to know if it is legal for her to sublease that room to me without papers in the first place. She does have permission from her landlord.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Yes it is legal to sublease month-to-month or for a term of one year or less without a written agreement.

As long as you provide her with your new address, she has thirty days to give you written notice of any deductions from your security deposit and to refund the difference

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.