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.
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.
Engaging in unlawful subletting can lead to eviction. Tenants need explicit written consent from landlords to sublease. Without it, landlords have the right to refuse and take legal action.
If you've sublet your home unlawfully In these circumstances, you'll have broken a term in your tenancy agreement - your landlord can take action to evict you. Your landlord must follow a specific legal process to evict you depending on the type of tenancy that you have.
Under California civil code, tenants without leases maintain rights like limits on rent increases, proper notice before eviction, and requiring the landlord to maintain habitable living conditions. Be aware that without a lease, landlords only need to provide 30 days' notice to increase rent or terminate tenancy.
A master tenant is considered a landlord in relation to his or her subtenant, meaning that a master tenant is able to evict a subtenant. Subtenants do not have the right to evict their master tenant or other subtenants or roommates. Similarly, roommates who are co-tenants cannot evict their fellow co-tenants.
Is it legal to sublet in California? Subleasing is legal in California, but the landlord must give the initial renter approval before subletting the property. A sublease is required when the original tenant wants to lease a sizable piece of the property.
Remember when subletting that you are responsible for the monthly payments until your lease expires as the original tenant with a legally binding lease agreement in place. With this in mind, make sure that the arrangements you put in place—whether an assignment or you're subletting—are legally sound.