The new tenant (known as the “subtenant” or “sublessee”) has to comply with the terms of the original lease. Month-to-Month Rental Agreements & Evictions in California, California Laws Concerning Boarding Houses, California Tenant Rights: Overview of Laws & Protections, Rental Agreements in California: Key Terms to Look For, Just Cause Eviction: California Landlord Rights, California Legislative Information: Assembly Bill No. Dog fighting or cockfighting on the property. Others, such as Illinois and New York, allow subletting with or without landlord permission. Sublet & Tenant Law for Renters in San Francisco, California. 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. Committing drug or weapons-related offenses. Some cities in California have enacted rent control laws that supplement state laws on tenancy and eviction. Short, medium, and long term rentals, both furnished and unfurnished, can all be found on Sublet.com. A: We think you are still entitled to collect the unpaid rent owed by your former 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. 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 reason for the termination will determine the type of notice needed. 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. ), also known as the Listing Law, was intended to prevent prime contractors from… California Sublease Laws According to California Tenant Laws, subletting is allowed if it grants you permission in your lease. San Francisco is one city in California that is a lot more lenient when it comes to subletting. When it comes to subletting a rental unit in California, what the lease says goes. If the subtenant doesn’t follow the terms of the lease or the sublet agreement, the tenant can evict them through regular eviction proceedings. 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. Because California laws are not nearly as tenant friendly as other states, so what your lease says really matters. Even with such a provision, tenants may still be able to sublet, depending on where in the state they live. Tenants should always make sure a landlord is in agreement with a sublet, including the proposed subtenant and the term of the sublet, to avoid any future problems. Some California cities, like San Francisco, are more permissive when it comes to subletting. Even if a lease prohibits subletting, that tenant may sublet, depending on her location and with the landlord's consent. A tenant cannot remove a subtenant for retaliatory or discriminatory reasons, but can do so for legitimate reasons such as: If a tenant evicts a subtenant with 30 to 60 days' notice, just cause will likely not apply. This knowledge makes the difference between costly legal issues and a beneficial relationship between the tenant, the subtenant and the landlord. Most don’t. Once a subtenant is approved by the landlord, the tenant and subtenant should create a written sublease agreement to make sure they’re on the same page. 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. partial occupancy in space or time. However, most leases do require that you obtain your landlord’s consent to sublease as … She holds a B.A. Subleasing, or subletting, allows the current tenant to lease the property to another person, rather than having the subtenant lease directly with the landlord. Colorado CO. 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. Ending a sublease is much like ending a regular lease. 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. San Francisco guarantees renters certain rights, but not every renter gets them. However, if the lease only prohibits assignment, subletting is legal. Delaware DE. Subletting seems to have 2 forms: The original renter becomes (legally) a co-tenant to the subletter. Otherwise, here's how to sublet legally in California. San Francisco is just one city in California where subletting laws favor tenants over landlords. 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. If a tenant signs a subletting contract and his roommate is not on the lease, that roommate is a subtenant. Read More: California Tenant Rights: Overview of Laws & Protections. At Sublet.com, you can expect to be able to find a tenant for your private rental in California. 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. Tenants must ask their landlord for permission to do this in writing. 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. 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. When it comes to subletting a rental unit in California, what the lease says goes. However, they can’t have more people living in the unit than are allowed by the lease. But a landlord can still reject the proposed subtenant for certain reasons. Read your lease and look for a clause about subletting. Subletting. “The lessor has the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee’s breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations).” If your lease says you can’t sublet, don’t risk potential legal issues by subletting. While all of the cases decided in California to date have addressed commercial leases, most observers agree that residential tenants have similar rights regarding subleases. The tenant should also have the subtenant read and initial the original lease. If a lease agreement prohibits subletting, a landlord may evict the tenant for violating it by doing Airbnb. Both San Francisco and Berkeley have strictly-enforced rent control laws, for example, giving tenants substantially more rights than those provided under state laws. So if your lease says no subletting, sadly that means no subletting. State law regulates several rent-related issues, including … The information provided on this website does not, and is not intended to, constitute legal advice. When a tenant finds someone to pay rent in his absence, that person is known as the subtenant. Each state has different laws regarding subtenancy, with most landlords prohibiting subletting a property without prior permission. If the lease makes no mention of subletting, California Law tends to lean in favor of allowing the tenant to sublet the rental although this provisioned isn’t specifically mentioned ( CIV § 1995.210 ). 1. Tenants can legally sublease their unit unless the landlord specifically says they can’t in the lease—and even then, depending on … 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 main tenant has to obtain the landlord's permission to sublet. 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. 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. Interview all candidates and get a feel for who they are. 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. Have a specific question that's not answered in one of our Learn articles? 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 landlord may prohibit a tenant from subletting the leased premises without the land-lord's permission by including such a term in the lease. Just because a tenant sublets their unit, it doesn’t mean they’re off the hook for rent. 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. But downward price pressures continue. If there’s no end date listed on the subtenant agreement, either the tenant or the subtenant must provide at least 30 days’ notice to end the sublease.5, [2] City and County of San Francisco Rent Board, [3] Kendall v. Ernest Pestana Inc. (1985), [4] City and County of San Francisco Rent Board. 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. If the person subletting skips a rent payment or causes problems of any kind, the tenant is legally responsible for the subtenant's actions. Subletting a rental is permitted in California if the landlord doesn’t expressly prohibit it in the lease agreement. 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. 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. In California, a lease exists whenever there is an oral or written agreement to exchange rent for inhabiting a property. Subtenants typically pay their portion of the rent to the tenant, who then turns around and pays the landlord. In the case of an assignment, the tenant transfers the entire lease to an assignee, who takes over the tenant's obligations as outlined by the contract. 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. Subletting in California is popular due to the high costs of rent, but it’s also confusing. 1. A subtenant can also lessen expenses for the tenant as a roommate. 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 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. Several states have laws protecting the tenant, sublet and landlord. The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq. Read More: Rental Agreements in California: Key Terms to Look For. Landlords can’t evict subtenants because they are not named on the original lease. 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). Submit it here and we might be able to create a new article. Subletting can also have its drawbacks. In California, a tenant's lease controls her ability to sublet — she cannot rent to another person if her lease prohibits it. Rules regarding commercial subletting can vary state-by-state, and even county-by-county. But as the original tenant, you need to be careful. No, subletting is not illegal in California unless the original lease expressly prohibits it. Re: Residental subletting in California. in Communications and English from Niagara University. However, this isn’t necessarily a requirement around the State’s larger metro-areas, like San Francisco. It also minimizes costs for that tenant. Some leases require tenants to get consent from their landlords before they can sublet. Unlike other states, subletting in California is at the discretion of the landlord and is often addressed in the original lease. California sublet laws stipulate that roommates are often subtenants to the tenant. DO NOT SUBLET WITHOUT WRITTEN PERMISSION FROM THE LANDLORD. It should include the dates of the sublease, information about any rental and utility payments, and note the condition of any furniture and other personal property in the unit. 1481, ASUC Renters' Legal Assistance: Subletting, City of San Francisco: Section 6.15 Subletting and Assignment, Flip: How to Sublet Legally in California, For Rent: 5 Things to Know About Subletting & Subleasing, Ruzicka, Wallace & Coughlin LLP: Assignment and Subletting, Legal Beagle: Termination of Tenancy in California: Types of Eviction Notices, Legal Beagle: California Tenant Rights: Overview of Laws & Protections, Legal Beagle: Rental Agreements in California: Key Terms to Look For, Legal Beagle: Just Cause Eviction: California Landlord Rights, Legal Beagle: What to Do If a Roommate Breaks the Lease: California Tenant Law, Legal Beagle: Termination of Month-to-Month Leases in California: Proper Notice. And, if you work on California public works projects, you know that shopping for that lowest price has its limitations. 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 tenant is responsible for ensuring that the subtenant follows the terms of the lease. For leases in San Francisco that don’t include any clause on subletting, tenants don’t have to get landlord approval before having a subtenant move in. Feel … Some leases may not even mention subletting—which usually means it’s fine to sublet. Failing to do so can result in eviction of the tenant by the landlord. 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. California Code, Civil Code - CIV § 1995.210-270 declares: If your lease does not restrict subletting, it … But no matter where they are in the state, landlords have the right to be selective in who they allow to sublet a unit (as long as their requirements are reasonable). If the original lease states that subletting is not permitted, it is unlikely that the landlord will provide consent. Using the residence for illegal activities. While some landlords may allow for subleases without consent, others might only allow it if certain conditions are met. Before terminating the tenancy, the landlord must give the tenant written notice. 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. While not required, it’s always a good idea to get this permission in writing so there’s a record of it. 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)). If it says you absolute cannot do it, you probably can't sublet legally. The city of San Francisco, for instance, allows roommates to be added or replaced as a way to make living in the city more affordable (more on that below). The tenant is ultimately responsible for paying rent to the landlord, even if some or all of that rent comes from the subtenant. 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. 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. When you sublease, the legal "landlord-tenant" relationship is between you and the subtenant. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. California doesn't always require reasons for eviction. They become legal co-tenants because it is the landlord who offered the lease to the subletter. Landlords also can’t prevent the child of a current tenant from moving into a unit, as long as they’re under 18 years old. A tenant, therefore, can end the residency of a subtenant if certain situations occur: If a subtenant rents month to month, and the tenant wishes to end the arrangement, the tenant needs to give notice of 30 or 60 days for the subtenant to vacate. Start with … Sixty days is the minimum notice for a subtenant occupying a residence for over a year, and 30 days is the minimum notice for a subtenant who lives in the residence less than a year. In general, if your lease doesn’t mention subleasing, it is usually permitted. 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Media, all Rights Reserved takes over an apartment tenants may still be able sublet... For PasadenaNow.com and Complex Media then the term of your lease says matters... To the tenant as a roommate your lease says no subletting, California do this in writing example the. Landlord for permission to sublet Key terms to look for Code section 4100 et seq difference between legal.