Is sublease legal in California?

Subletting a rental is permitted in California if the landlord doesn’t expressly prohibit it in the lease agreement. Tenants can legally sublease their unit unless the landlord specifically says they can’t in the lease—and even then, depending on where they live, they may have some leeway.

What do you need to know about commercial sublease?

A commercial sublease is the act of a tenant re-renting space they currently lease to a subtenant. The tenant is required to obtain the consent of the landlord.

How does a sublease agreement work in California?

The California sublease agreement is a contract between the tenant of rental property (“sublessor”) and a new tenant (“sublessee”) that allows the sublessee to take over all (or part) of the rental. The original tenant must have permission from the landlord to sublet the property.

Is it legal for a tenant to sublease a property?

In most standard leases, it is prohibited to sublease the property of the tenant. Therefore, the tenant must get the permission of the landlord to sublease through the use of a consent form. Subleasing commercial space consists of having the consent of the landlord and a legitimate sublease agreement.

Where can I get written consent to sublease in California?

San Francisco, Oakland, Berkeley, Los Angeles and Santa Monica have their own variations of obtaining written consent to sublease. When subleasing in California, the same security deposit limits are in effect as in a typical residential lease.

A commercial sublease is the act of a tenant re-renting space they currently lease to a subtenant. The tenant is required to obtain the consent of the landlord.

Can a tenant sublease an apartment in California?

Unlike other states, subletting in California is at the discretion of the landlord and is often addressed in the original lease. If the original lease states that subletting is not permitted, it is unlikely that the landlord will provide consent. If a tenant decides to ask for consent to sublease their unit, they should do so by certified mail.

Do you need the consent of the landlord to sublease?

First, it is important for the subtenant to determine whether or not the master lease allows the sublease to occur. The landlord’s consent is almost always required for an assignment or a sublease. In California, most leases state that the landlord’s consent to a sublease is not to be unreasonably withheld.

San Francisco, Oakland, Berkeley, Los Angeles and Santa Monica have their own variations of obtaining written consent to sublease. When subleasing in California, the same security deposit limits are in effect as in a typical residential lease.