Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
Yes, they can. If you sublet your unit without your landlord's consent, they have the right to ask you to leave. Subletting without permission can be a violation of the lease agreement, and landlords have the authority to enforce the terms of the lease.
If you sublet your apartment, you are still responsible for the lease. This means any damages or missed rent payments are your responsibility. Finding a reliable subtenant is crucial; be sure to screen carefully to avoid any complications like property damage that could leave you liable.
Landlords restrict subletting because they want control of who's in their properties. You wanna sublet so you can get out of a lease, so your standards are somewhat reduced. You might not care about security of the place, you might not care about the subletters background, he has a lease with you not the landlord.
A sublet, or sublease agreement, adds someone new to an existing lease. Usually the new person (subletter) replaces someone who is moving out (sublessor or sublessee) but it can also happen with any new person being added to a lease.
Consent from the landlord A tenant must get a landlord's written permission to sub-let or transfer any part of the property. If a tenant does this without consent, they are breaching the terms of the tenancy agreement.
Subletting is risky. It comes with the same risks as taking on a roommate, except both people won't be there to deal with problems as they arise. If a tenant's subletter skips town or damages the apartment, the tenant is jointly and severally liable with them and could get stuck with the bill.
Subletting Can Impact Property Values Parking becomes difficult, there are higher utility costs, and the neighborhood won't be as appealing to prospective buyers.
Your Step-by-Step Guide to Subletting in California Read Your Lease Carefully. Obtain Pre-Approval to Sublet. Find and Screen a Subletter. Send a Written Request for Approval. Wait Patiently (but Not Too Patiently). Collect and Store Security Deposit and Rent. Enjoy Your Freedom:
If they do not leave, then you will need to evict them by filing suit. Your only other option is to vacate and then the landlord will have to evict them.