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.
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.
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.
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 Can Impact Property Values Parking becomes difficult, there are higher utility costs, and the neighborhood won't be as appealing to prospective buyers.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
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.
Building owners dislike competing with their own tenants in their efforts to lease space. As a result, many if not most office leases contain restrictions on subleasing. Among these are: Requirements for landlord consent and approval of the subtenant and the sublease terms.
Understanding Subletting Laws in California The lease agreement plays a significant role in determining whether subletting is permitted. If your lease explicitly prohibits sublets, that restriction holds. However, most leases require tenants to obtain written approval from their landlords before subletting.
If your agreement doesn't say anything about subletting If your tenancy doesn't have a fixed end date you'll need your landlord's permission to sublet your whole home. If they say no, they don't have to give you a reason. If there's a fixed end date for your tenancy, you're allowed to sublet your whole home.