San Jose California Landlord Tenant Sublease Package

State:
California
City:
San Jose
Control #:
CA-P066-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package contains essential legal documents to help you prior to and during the process of subleasing a rental property. It contains documents that are vital for addressing legal issues that may arise between a landlord, tenant and subtenant prior to or as a result of a sublease of a particular property.


The documents in this package include the following:


1) Application for Sublease


2) Letter from Tenant to Landlord -Landlord’s Refusal to Allow Sublease is Unreasonable


3) Letter from Landlord to Tenant- Sublease Granted, Rent Paid by Sub-Tenant, Old Tenant Released from Liability for Rent


4) Letter from Landlord to Tenant-Sublease Granted, Rent Paid by Sub-Tenant, but Tenant Still Liable for Rent and Damages


5) Letter from Tenant to Landlord Containing Request for Permission to Sublease


6) Sublease of an Apartment


Purchase this package and save up to 40% over purchasing the forms separately!





The San Jose California Landlord Tenant Sublease Package is a comprehensive set of legal documents and forms designed to facilitate the subleasing process between a tenant and a subtenant in the city of San Jose, California. This package includes all the necessary paperwork and agreements required to establish a sublease arrangement in compliance with the local laws and regulations. The San Jose California Landlord Tenant Sublease Package typically includes the following forms: 1. Sublease Agreement: This agreement outlines the terms and conditions of the sublease, including the duration of the sublease, the rent amount, the responsibilities of both the tenant and the subtenant, and any additional provisions specific to the sublease arrangement. 2. Tenant Consent to Sublease: This form is signed by the primary tenant, seeking approval from their landlord to sublease the property to a subtenant. It includes details such as the subtenant's information, the terms of the sublease, and the reasons for seeking a sublease. 3. Subtenant Application: This document contains a comprehensive questionnaire that the subtenant needs to fill out, providing personal information, rental history, employment details, and references. This helps the tenant assess the subtenant's suitability and ability to fulfill the sublease obligations. 4. Consent to Background and Credit Check: This form enables the tenant to request consent from the potential subtenant to conduct a background and credit check, ensuring their reliability and financial stability. 5. Move-in/Move-out Inspection Checklist: To document the condition of the property before and after the sublease term, both the tenant and the subtenant conduct a thorough inspection of the premises using this checklist, noting any existing damages or maintenance issues. 6. Notice of Sublease: This notice is provided by the tenant to their landlord, informing them of the sublease arrangement and providing details about the subtenant, including their contact information. 7. Security Deposit Agreement: If the subtenant is required to pay a security deposit, this agreement clarifies the amount, the terms of its retention, and the conditions for its refund upon the termination of the sublease. It is important to note that the San Jose California Landlord Tenant Sublease Package may vary depending on individual circumstances and the specific requirements of the tenant, subtenant, and landlord. Additionally, customized versions of this package may exist to cater to commercial subleases or short-term sublets.

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FAQ

The relocation fee must be equal to one month of the renter's rent in effect as of the date that the notice of termination of tenancy was issued. The relocation fee must be paid to the renter within 15 calendar days of the service of notice of termination of tenancy.

Allowable Rent Increase Under the Ordinance Under the Apartment Rent Ordinance, the maximum allowable rent increase is 5% in a 12-month period.

According to AB-1482, the Tenant Protection Act of 2019, the maximum that landlords can raise rents in California is 5% per year, plus the percentage change in the cost of living according to the consumer price index, or 10% of the lowest rent increase at any time during the 12 months (whichever is less).

Master tenants must comply with state law unlawful detainer procedures in order to evict a subtenant. Only landlords are allowed to evict their tenants. 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.

Relocation assistance payments must be made available to the tenant within 15 days of service of the written notice to terminate tenancy (move-out). Landlords may elect to pay the relocation assistance through an escrow account rather than provide the full relocation amount on the 15th day.

San Jose's Apartment Rent Ordinance protects San Jose tenants who live in apartment buildings with 3 or more units built before 1979. For tenants who live in units covered by San Jose's Apartment Rent Ordinance, rent increases may only be given once in a 12-month period. The maximum annual allowable increase is 5%.

This year, the rules say rents can be increased by last September's Consumer Price Index (CPI), plus an extra 1%. The CPI is a common measure of inflation and in September 2021 was 3.1%. This means that most rents will increase by 4.1% from April 2022.

Under the Rent Stabilization Ordinance (RSO), a landlord is only required to pay monetary relocation assistance payments to tenants being evicted through no fault of their own. Without a RSO cause, a tenancy may not be terminated.

It is not against the law Under California laws, subletting a property is not illegal on the face of it. However, the buck stops with the lease agreement in place. Landlords can legally prevent their tenants from subletting a property by explicitly stating so in the lease.

In Santa Clara County, landlords will not be able to raise rent in one year more than an estimated 8.3% per year. If you have rented your unit for over a year, your landlord will not be able to evict you without a good reason, like not paying rent or violating your lease agreement.

More info

What if I need maintenance in my bedroom or apartment? North Park apartment community in San Jose offers innovative amenities for your lifestyle.Find a floor plan and rent your dream home today. At what point under California Law do guests who are not initially screened and signed onto the rental or lease agreement become tenants? This guidance is intended for rental properties in cities that do not currently have rent control, tenant eviction protections, or relocation fees. Need to move out of your apartment before the lease is over? The process server must fill out a Proof of Service form and provide it to the landlord to file with the court. Real parties in interest, Richard and Patricia Miller, are the plaintiffs and former tenants in a shopping center of which Pay 'N Pak is the present landlord. Results 1 - 25 — See all 2085 apartments currently available for rent. Eviction moratoriums don't keep arrears from piling up, and aid to renters may not reach the most vulnerable.

The city must be sure this ordinance is enforced effectively and compassionately. The San Jose City Council must act and enact an ordinance of its own. If a landlord wants to stop paying his tenant rent and continue eviction, rent and eviction protections must be established through a new tenant eviction protection ordinance. The court must strike down the landlord's current ordinance. The city law will take effect on January 1, 2017. All affected residents will be able to move out, without fear of eviction, within 45 days after the ordinance takes effect (as specified in section 12.12 of ORD. No. 111213 for San Jose residents). Result 26 – 50 — See all 2085 apartments currently available for rent. The Rent Board must allow a landlord who has applied for the landlord's fee waiver to remove a rent controlled tenant. The landlord's request for a rent reduction must be in writing.

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San Jose California Landlord Tenant Sublease Package