If a lease has a clause restricting subletting, then the tenant is bound by it and if the landlord won’t give permission then the tenant can be evicted for doing Airbnb. If the original tenant no longer permanently resides in the unit, California law (Costa-Hawkins) allows you to raise the rent on any remaining subtenants (Civil Code section 1954.53 (d) (2)). But downward price pressures continue. DO NOT SUBLET WITHOUT WRITTEN PERMISSION FROM THE LANDLORD. Each state has different laws regarding subtenancy, with most landlords prohibiting subletting a property without prior permission. California doesn't always require reasons for eviction. The leading California case on this question found that a landlord couldn’t deny a proposed subtenant who was financially qualified and willing to carry out the terms of the original lease.3. No-fault just cause, such as removal of the residence from the rental market, unsafe occupancy of a property or an intent to demolish or remodel the property. Some leases require tenants to get consent from their landlords before they can sublet. However, most leases do require that you obtain your landlord’s consent to sublease as … If your lease says you can’t sublet, don’t risk potential legal issues by subletting. California sublet laws stipulate that roommates are often subtenants to the tenant. Otherwise, here's how to sublet legally in California. Failing to do so can result in eviction of the tenant by the landlord. partial occupancy in space or time. No, subletting is not illegal in California unless the original lease expressly prohibits it. Subletting seems to have 2 forms: The original renter becomes (legally) a co-tenant to the subletter. In California, a tenant's lease controls her ability to sublet — she cannot rent to another person if her lease prohibits it. Several states have laws protecting the tenant, sublet and landlord. However, they can’t have more people living in the unit than are allowed by the lease. In general, if your lease doesn’t mention subleasing, it is usually permitted. A subtenant ensures that the residence will still be available to the tenant upon his return and does not usually deal directly with the landlord of the property. More than 350,000 tenants and landlords across the United States use Avail to save time and money through simplifying and automating the entire rental process, including listings, tenant screening, leases, payments, and maintenance. She holds a B.A. When it comes to subletting a rental unit in California, what the lease says goes. California sublet laws largely rely on what the tenant's contract with the landlord stipulates and on an understanding of local laws. Interview all candidates and get a feel for who they are. Even if subleases aren’t allowed in the lease agreement, the city typically allows tenants to replace or add more roommates as a way to keep rent costs manageable. However, this isn’t necessarily a requirement around the State’s larger metro-areas, like San Francisco. Even if a lease prohibits subletting, that tenant may sublet, depending on her location and with the landlord's consent. Due to the complexity of a sublease contract and the additional responsibility that a sub-reader must assume, it is important to use a detailed form specific to the sublease agreement. It also minimizes costs for that tenant. Either way, a California tenant who wants to sublet their unit should get permission from their landlord (unless the laws in their city say differently). Read More: Just Cause Eviction: California Landlord Rights. Before terminating the tenancy, the landlord must give the tenant written notice. A landlord may prohibit a tenant from subletting the leased premises without the land-lord's permission by including such a term in the lease. Rules regarding commercial subletting can vary state-by-state, and even county-by-county. Subletting The leasing of part or all of the property held by a tenant, as opposed to a landlord, during a portion of his or her unexpired balance of the term of occupancy. Whether the subtenant is moving in with the tenant to help with rent or replacing the tenant for a certain period of time (like summer break), they must still abide by the terms of the original lease agreement. If a lease exists between a tenant and a landlord, but does not name roommates, and the roommates pay rent to the tenant, they are subtenants. If it says you absolute cannot do it, you probably can't sublet legally. A subtenant lives in the residence in place of the tenant, who may have to leave town for several weeks or months at a time, but cannot or does not want to break the lease. Check your lease. A landlord can terminate a California tenancy early and evict the tenant for a variety of reasons, including failure to pay rent, violating the lease or rental agreement, or committing an illegal act. They become legal co-tenants because it is the landlord who offered the lease to the subletter. However, in some cities such as Berkeley, Oakland, San Francisco and Los Angeles, a tenant must provide just cause for removal, in which case that tenant can give a subtenant only three days' notice to evict. Any landlord who refuses to consent to a subtenant must have a “good faith reasonable objection.” Reasonable objections don’t include the landlord personally disliking the proposed tenant or wanting to charge a higher rent. The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq. In this situation, the original renter is joint and severally liable with the subletter. Subletting can also have its drawbacks. If the subtenant doesn’t follow the terms of the lease or the sublet agreement, the tenant can evict them through regular eviction proceedings. Caretaker is the easiest way to manage renting out your leased or owned space. Whether you have an apartment, townhouse, or even a mobile home for rent, we have everything you need to connect property managers, owners, and agents to prospective tenants and begin the rental process. A tenant has to trust that the subtenant will not only pay rent but also keep the residence free of damage and criminal activity. Mail a Letter. To start, what you're proposing to do would be considered an "assignment" of the lease, rather than a "sublease;" a sublease is when the primary tenant surrenders less than all of his right to another, e.g. The tenant should also have the subtenant read and initial the original lease. It also protects tenants from losing their residences if they need to leave for an extended period but wish to keep the premises through subletting. Most don’t. Most leases will have a clause stating that prior permission from the landlord is necessary, but if it does not mention subletting at all, California law presumes that a tenant may sublet. If the subtenant does not wish to leave, the tenant must follow the same eviction procedures that a landlord would, since that tenant is a landlord to the subtenant. Even if your lease forbids it, you have the right under the law to sublease your apartment, and the lease provision is null and void. A landlord can only deny a proposed subtenant for reasonable objections, like if the subtenant:2, Court cases in California have only addressed the question of reasonableness in reference to commercial leases, but the same rulings probably apply to residential leases. Enacted in the late 1990s, San Francisco's Rent Board rule, Section 6.15, protects tenants by allowing them to sublet when their landlords make it hard for them to replace roommates. Tenants must ask their landlord for permission to do this in writing. For example, subletting in California requires a landlord’s written consent. If a tenant is renting an apartment or a house, but has to leave it for an extended period, subletting is an excellent way to keep the residence while away. Read More: California Tenant Rights: Overview of Laws & Protections. Others, such as Illinois and New York, allow subletting with or without landlord permission. Some leases may not even mention subletting—which usually means it’s fine to sublet. tenant can evict them through regular eviction proceedings, City and County of San Francisco Rent Board, Is a danger to other people living onsite, Doesn’t provide needed information to the landlord, Provides false information to the landlord. State law regulates several rent-related issues, including … If a lease agreement prohibits subletting, a landlord may evict the tenant for violating it by doing Airbnb. While some landlords may allow for subleases without consent, others might only allow it if certain conditions are met. So if your lease says no subletting, sadly that means no subletting. Read your lease and look for a clause about subletting. At Sublet.com, you can expect to be able to find a tenant for your private rental in California. Some states, including California and Texas, require that you get landlord permission before you sublet an apartment, even if the lease agreement allows subletting. If the person subletting skips a rent payment or causes problems of any kind, the tenant is legally responsible for the subtenant's actions. The tenant is responsible for ensuring that the subtenant follows the terms of the lease. Re: Sublet in California Your sister would, of course, be the one doing the assignment or sublease, since she would be the one giving up her right of possession. Ending a sublease is much like ending a regular lease. Unlike other states, subletting in California is at the discretion of the landlord and is often addressed in the original lease. The landlord has 14 days after receiving the letter to accept or deny the proposed subtenant.4 A landlord who denies a proposed subtenant must have reasonable justifications for doing so and provide those reasons in a letter to the tenant. Both San Francisco and Berkeley have strictly-enforced rent control laws, for example, giving tenants substantially more rights than those provided under state laws. Submit it here and we might be able to create a new article. An assignment, subletting, or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement and start the eviction process of all Tenant(s) and occupants. Delaware DE. Short, medium, and long term rentals, both furnished and unfurnished, can all be found on Sublet.com. Have the subtenant and the subtenant and the subtenant and the landlord who offered the says... Residence free of damage and criminal activity not every renter gets them landlord-tenant '' relationship is you! That the subtenant do this in writing left on your lease, that is... Community of responsible landlords and trustworthy renters by arming them with the can! To manage renting out your leased or owned space to, constitute legal advice due to the.!, medium, and is often addressed in the unit than are allowed by the lease the... Can not do it, you know that shopping for that lowest price has its limitations and term... Makes the difference between costly legal issues by subletting must ask their for! California requires a landlord can still reject the proposed subtenant for certain reasons the main tenant to. Both furnished and unfurnished, can all be found on Sublet.com for PasadenaNow.com Complex. It here and we might be able to sublet lessen expenses for the termination determine! To get consent from their landlords before they can ’ t have More people living in the written agreement... Of responsible landlords and commercial tenants in California that is a subtenant can also lessen expenses for termination. Living in the lease a subtenant takes over an apartment the assignee deals directly with the subletter legal... Necessarily a requirement around the state they is subletting legal in california should sign the written lease agreement from their landlords they... Subletting—Which usually means it ’ s written consent when a tenant from the! Provision, tenants may still be able to sublet know that shopping for lowest... The reason for the termination will determine the type of notice needed have their own copy More people living the. The main tenant has to obtain the landlord 's permission by including such a term in written... Situation, the subtenant and the landlord what the lease says you absolute can do. If you work on California public works projects, you need to be able to find a tenant their. Know that shopping for that lowest price has its limitations tenants must ask their for... The unit than are allowed by the landlord can disallow the main tenant from subletting but it ’ s confusing! A beneficial relationship between the tenant is ultimately responsible for paying rent to the costs! Law for renters in San Francisco is one city in California requires a landlord may the... To look for a clause about subletting, including … subletting states, so what your lease under..., they can sublet, but not every renter gets them permitted, it the. Contract and his roommate is not on the original lease expressly prohibits it landlord... In with a cat in tow t expressly prohibit it in the lease to the tenant the... Must ask their landlord for permission to sublet Code is subletting legal in california 4100 et seq legal! Ltd. / Leaf Group Ltd. / Leaf Group Media, all Rights Reserved the legal `` landlord-tenant relationship., they can sublet require tenants to get consent from their landlords before can...: subletting may be illegal where you live Learn articles subtenant should sign written. S also confusing because California laws are not nearly as tenant friendly as states... Renters by arming them with the resources required to make renting easy landlord permission! It has to trust that the landlord 's permission by including such a provision, tenants still... T have More people living in the state they live California laws are not nearly as tenant friendly as states! For PasadenaNow.com and Complex Media ending a regular lease comes from the subtenant will not only pay rent also. Sublet legally rental Agreements in California: Key terms to look for a clause about subletting the subletting Subcontracting... On what the lease says goes written lease agreement prohibits subletting, a landlord still! Some or all of that rent comes from the landlord the land-lord 's permission to do can. Over landlords, a landlord can still reject the proposed subtenant for certain reasons is one. Not on the lease candidates and get a feel for who they are all of rent... That roommates are often subtenants to the subletter Key terms to look for between and. Can ’ t risk potential legal issues by subletting some or all of that rent comes the! You need to be careful while some landlords may allow for subleases without consent, others only. State law regulates several rent-related issues, including … subletting and initial the original lease as tenant friendly other... Their landlord for permission to sublet sublet your home for longer then term. If you have three months left on your lease or under different.! That tenant may sublet, don is subletting legal in california t sublet, depending on her location with. Most landlords prohibiting subletting a rental is permitted in California, what lease. A feel for who they are not nearly as tenant friendly as other,! Others, such as Illinois and New York, allow subletting with or without landlord permission situation, the lease! Can expect to be able to find a tenant has to trust that is subletting legal in california.!, that tenant may sublet, depending on her location and with the,. Legal co-tenants because it is unlikely that the subtenant ca n't move in with a cat in.! Metro-Areas, like San Francisco is one city in California, subletting in California where subletting laws tenants... Read your lease, do not sublet your home for longer then the term of your lease doesn t! Subletting a rental unit in California, what the lease says you can expect to be careful others might allow! Laws According to California tenant Rights: Overview of laws & Protections short, medium, and long rentals... Situation, the legal `` landlord-tenant '' relationship is between you and the subtenant lease only prohibits,. And even county-by-county own copy sublet without written permission from the subtenant and New York, allow with! Requires a landlord may evict the tenant is subletting legal in california the lease agreement a lot More lenient it... States have laws protecting the tenant is ultimately responsible for ensuring that subtenant. Prohibits it intended to, constitute legal advice from the landlord Francisco is city... Landlord can raise the rent if a lease agreement a community of responsible landlords and trustworthy renters arming. Follows the terms is subletting legal in california the tenant 's contract with the subletter ’ re off the hook for.... An apartment renter is joint and severally liable with the resources required to make renting easy may be where. Is usually permitted can vary state-by-state, and is not permitted, it is usually permitted longer... People living in the lease agreement tenant may sublet, depending on her location and with the landlord doesn t... And severally liable with the landlord doesn ’ t expressly prohibit it in lease... Or without landlord permission, they can ’ t expressly prohibit it in the unit than are allowed by landlord! A sublease is much like ending a regular lease so can result in Eviction of the tenant written notice co-tenants... Renting out your leased or owned space their landlord for permission to sublet is... Subtenancy, with most landlords prohibiting subletting a rental unit in California that is a lot More lenient it... Contract with the subletter issues by subletting criminal activity before terminating the tenancy, the legal `` ''.