The key distinction lies in whether the original lessee (now acting as a sublessor) remains liable to the superior landlord for the full lease amount. If so, the sublease income isn't a direct offset to lease expenses but rather recognized separately as income.
Reasons a landlord might deny a sublet request Allowing the sublet would result in too many people living in the unit. Too many residents would be under 18. The prospective subtenant won't agree to the same terms as the original rental agreement. The prospective subtenant plans to keep pets in the unit.
Make Your Request to Sublet in Writing Even if you've orally discussed a sublet in person with your landlord, it's a good idea to follow up the request in writing. This ensures that you're both on the same page regarding the terms of the sublet, and gives you a written record to refer to if memories fail.
Step 1: Check your lease Check your rental agreement or lease documentation for specific rules on subletting your apartment. Step 2: Send landlord a letter Send your landlord or building manager a certified letter asking permission to sublet, and wait for approval. Keep copies of all communications.
(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.
There are several steps to take if you want to sublet your apartment. Review your lease agreement. You may not be allowed to sublet. Talk to your landlord or apartment manager about your intentions. Check state and local laws. Find a tenant. Check out the subtenant. Iron out the details. Draw up your own lease.
Confirm their employment. Ask to see a few months of paystubs to make sure their income can cover the rent, and call their employer to be sure they still work there. Do an interview. This doesn't have to be formal.
Too much trouble and risk if things go wrong. Makes evictions more complicated and costly. especially in a tenant friendly state like CA. All pain, for no gain.
Cons of Subleasing Not all subleasers are dependable; sometimes, they sublet because they can't make ends meet, which can be an issue. Although the original tenant is financially responsible, that doesn't remove all risk for landlords.
Your Step-by-Step Guide to Subletting in California Read Your Lease Carefully. Obtain Pre-Approval to Sublet. Find and Screen a Subletter. Send a Written Request for Approval. Wait Patiently (but Not Too Patiently). Collect and Store Security Deposit and Rent. Enjoy Your Freedom: