Lease Takeovers in Texas: How to Hand Off (or Grab) a Lease the Right Way
By The Boraak Team · September 27, 2026 · 6 min read
The short answer
In Texas, a tenant can't sublet or hand over a lease to someone else without the landlord's prior consent (Texas Property Code 91.005). A lease takeover works when the landlord approves the new tenant, usually after an application, and ideally signs a written assignment that releases the original tenant. Get everything in writing.
Takeover, assignment, sublease: what's the difference?
- Lease takeover / assignment: the new tenant steps into your lease for the rest of the term. Best case, the landlord releases you.
- Sublease: you stay on the lease and rent to someone else. You're still responsible if they don't pay.
Either way, in Texas you need the landlord's consent first.
For the tenant leaving
- Read your lease for a "reletting" or "assignment" clause and any fee.
- Ask the landlord what they need: an application, a fee, a minimum credit score.
- Post a Lease Takeover listing on Boraak with the rent and the date the lease ends.
- Get a written assignment and release before you hand over keys.
For the tenant taking over
A takeover can mean a shorter commitment and no hunt for a new lease. Before you agree:
- Read the whole lease you're taking over (pet rules, parking, renewal terms)
- Ask how the security deposit is handled; often you pay the old tenant and the landlord transfers it
- Get the landlord's approval in writing, addressed to you
Quick questions
Can I sublease my apartment in Texas?
Only with your landlord's prior consent. Texas Property Code 91.005 prohibits subletting without it.
Am I still responsible after a lease takeover?
Unless the landlord releases you in writing, you may remain responsible. Ask for a signed release.
Ready to look around?
See lease takeovers →Sources
General information, not legal, tax or financial advice. Rules and numbers change; check with a Texas professional for your situation.