San Francisco, Oakland and Berkeley passed laws to protect renters in roommate/subletting situations. If you live in one of these cities, your landlord can neither deny you the right to nor evict you for replacing a roommate or subletting a room without their consent.
The basic framework: A sublease clause permits the tenant, with certain stipulations, to rent out either a portion or the entirety of their leased space to a third party, referred to as a subtenant.
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:
A sublease contract means less control over apartment changes. As a subtenant, you have limited control over the apartment as you are not the primary leaseholder. The original tenant has ultimate control over the property and can impose restrictions or limitations on your use of the space.
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.
What is included in a standard Commercial Sublease Agreement? Contract information. Names, addresses and contract information for both parties. Location of property. Physical address of building as well as a description of the specific space to be subleased. Terms. Payments. Utilities and services. Termination.
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.
The Landlord hereby consents to the Tenant's sublease of the Lease to the New Tenant on the terms of the sublease of the Lease, a copy of which is attached as Exhibit B (the "Sublease"). The Landlord's consent to the sublease does not constitute consent to any subsequent subleases or assignments of the Property.