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
  • 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

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