How does subleasing work in California?
The term subleasing in California means renting out the entire or a portion of a rental unit to another person, known as the subtenant, while remaining responsible for the original lease agreement between the tenant and landlord. Rent is generally paid by the subtenant to the landlord by the original tenant.
You should check your lease agreement to ensure that subleasing is allowed before subletting your California apartment. Subleasing is often prohibited by landlords in California or requires written consent.
Once subleasing is permitted, you need to find a suitable subtenant and draft a sublease agreement that specifies the rent amount, security deposit, move-in date, and duration of the sublease. It is also recommended that the original lease agreement be incorporated into the sublease agreement.
Before the subtenant moves in, it’s important to inform the landlord in writing and obtain their consent, as failure to do so could result in eviction. The landlord may also require the subtenant to undergo a credit and background check, pay a security deposit, and sign a lease addendum or sublease agreement.
A subtenant is responsible for paying rent during the sublease period, complying with the terms of the original lease agreement, and ensuring that the original tenant does the same. The original tenant may be held liable if the subtenant breaches the sublease agreement or damages the rental unit.
A sublease agreement should always be negotiated with a local attorney or housing authority because subleasing laws and regulations vary by state and locality.