Legal Question in Real Estate Law in Texas
Subtenant definition and Length to establish Residency
What is the legal definition of a subtenant and how long must you be to establish residency?
Does your landlord have to have an eviction notice for a subtenant that they were not aware had occupancy of residence?
How long must you be in residence to consider yourself a subtenant?
Do you have to be legally evicted if you have been in residence for over 30 days or does the landlord have the right to force you to vacate property with no questions asked?
1 Answer from Attorneys
Re: Subtenant definition and Length to establish Residency
Whether or not one is a subtenant depends upon intention and agreement, not length of residence. If you rent [sublease] from a lessee you become a subtenant to that lessee, but not to the lessor unless the lessor consents in writing to the subtenancy.
If the landlord consented in writing to the subtenancy, then the subtenant has the same rights as the tenant. If the landlord does not consent either because he refuses or because he wasn't consulted, then there can be no subtenancy and the landlord owes no notice duties to the unauthorized subtenant.
The tenant and subtenant cannot create a tenancy without the landlord's knowledge and consent.
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