What trouble can you get if you are a renter and rent out rooms (sublease, room share, or AirBnB) without notifying the landlord in Texas (specifically Houston, TX)? What are the chances of getting into such trouble?
I am not sure whether or not a renter can sublease or rent to another person (e.g. room share) without notifying the landlord. If a renter wants to do these things (sublease, room share or AirBnB), what steps can/should they take to make it successful? What are the chances of being able to rent and do these things?
I want to know this as a future renter and future real estate investor/landlord.
I don't know how the landlord/tenant laws are in Texas but from my general knowledge, you can be evicted from the property for subleasing, AirBnB or room sharing without the landlord knowing. You can also be on the hook monetarily for any damages your sub-tenant caused while staying at the property. Most landlords should have a clause on their lease addressing ramifications for subleasing.
If a renter wants to sublease he/she MUST ask the landlord first to see if he would allow it. If he does, then go ahead and sublet, just remember YOU are still responsible for anything that happens to the property even if its not your fault.
Most landlords do not allow subletting because they have not screened the person you have chosen to sublet to.
Apartment owners generally frown upon any type of subleasing/Airbnb. Aimco, an apartment REIT, actually is pursuing legal action against Airbnb.
There are exceptions though. I believe a developer in South Florida built a community believing the leasee would only occupy the space around 50% of the time, the rest of the time, it would be occupied by a subleasee.
Read your lease agreement. Legally, you may sublease only if the lease agreement allows for it.
"Section 91.005, Property Code. If a tenant sublets without the consent of the landlord, the landlord may evict the subtenant and sue both the subtenant and the original tenant for any damages caused by the subletting arrangement."
I have a no sublet clause in my leases. I also check air bnb (and smiliar) to see if my apartments show up...they never have, so far.