No, subletting is not illegal in California unless the original lease expressly prohibits it. If the subtenant doesn’t follow the terms of the lease or the sublet agreement, the tenant can evict them through regular eviction proceedings. This knowledge makes the difference between costly legal issues and a beneficial relationship between the tenant, the subtenant and the landlord. In this situation, the original renter is joint and severally liable with the subletter. The main tenant has to obtain the landlord's permission to sublet. The reason for the termination will determine the type of notice needed. Landlords in California can legally prevent tenants from subletting if it’s explicitly stated in the lease agreement.1 This gives landlords ultimate control over who is living in the rental. The tenant should also have the subtenant read and initial the original lease. If a tenant is the only person on the lease, but his roommate has lived with the tenant for less than 30 days, the new occupant is a subtenant. The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq. Otherwise, here's how to sublet legally in California. Even if a lease prohibits subletting, that tenant may sublet, depending on her location and with the landlord's consent. Subtenants typically pay their portion of the rent to the tenant, who then turns around and pays the landlord. 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)). 1. Unlike other states, subletting in California is at the discretion of the landlord and is often addressed in the original lease. Re: Residental subletting in California. In many states lease agreements are actually illegal and voided by the law when they prohibit subletting, but in California this is not the case. Ending a sublease is much like ending a regular lease. Subletting a rental is permitted in California if the landlord doesn’t expressly prohibit it in the lease agreement. 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. A tenant has to trust that the subtenant will not only pay rent but also keep the residence free of damage and criminal activity. However, they can’t have more people living in the unit than are allowed by the lease. DO NOT SUBLET WITHOUT WRITTEN PERMISSION FROM THE LANDLORD. If a lease agreement prohibits subletting, a landlord may evict the tenant for violating it by doing Airbnb. California sublet laws largely rely on what the tenant's contract with the landlord stipulates and on an understanding of local laws. 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. 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. So if your lease says no subletting, sadly that means no subletting. Under California law, a landlord can raise the rent if a subtenant takes over an apartment. Read More: California Tenant Rights: Overview of Laws & Protections. Tenants can legally sublease their unit unless the landlord specifically says they can’t in the lease—and even then, depending on … One of the most common points of contention between landlords and commercial tenants in California is subletting. So if your lease says no subletting, sadly that means no subletting. 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. For example, subletting in California requires a landlord’s written consent. California Late Fees and Other Rent Rules. 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. 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. Failing to do so can result in eviction of the tenant by the landlord. The main tenant has to obtain the landlord's permission to sublet. 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. If your lease says you can’t sublet, don’t risk potential legal issues by subletting. Just because a tenant sublets their unit, it doesn’t mean they’re off the hook for rent. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. 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. Have a specific question that's not answered in one of our Learn articles? Some cities in California have enacted rent control laws that supplement state laws on tenancy and eviction. Committing drug or weapons-related offenses. 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