Subletting regulations in California primarily revolve around lease agreements. If your lease doesn't explicitly prohibit sublets, you generally have the right to sublet. However, landlords retain the authority to reject proposed subtenants based on reasonable objections.
In a sub-letting arrangement, the tenant can rent part or all the property to another person. The tenant remains the landlord's tenant and is still responsible for the tenancy, including the actions of the sub-tenant.
(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.
(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.
If you will be returning to live in your apartment after the other person leaves, this is called a sublease. If you would like to sublease your apartment, you must first tell your landlord that you want to do this. You must make the request in writing and send it by certified mail, return receipt requested.
Under California law, unless the lease specifically prohibits subletting, tenants may have the right to sublease their rental unit. In this case, you would not be able to unreasonably withhold consent.
The terms sublet and sublease are often used synonymously, but they have very different meanings. The gist is that a sublet occurs when you find a new renter for the property who will sign a new lease with the landlord, while a sublease occupies the space without signing a lease directly with the landlord.
If you will be returning to live in your apartment after the other person leaves, this is called a sublease. If you would like to sublease your apartment, you must first tell your landlord that you want to do this. You must make the request in writing and send it by certified mail, return receipt requested.
Allowing subletting can sometimes leave landlords feeling like they've lost control over their property. You may not have a direct say in who your tenants choose to sublease to. This situation becomes complex when the agreement is not specific about the terms of subleasing.
If the sublandlord defaults under the lease, the landlord can terminate the lease, which terminates the sublease and the subtenant's right to occupy the premises. This unfortunate result can occur regardless of whether subtenant has defaulted under the sublease.