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.
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.
You are entitled to request permission to sublet from the owner, and the owner may not unreasonably refuse such permission. However, you must inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting.
The subtenant's monthly rent can influence the security deposit amount, but it cannot exceed one and a half times that amount. Typically, in sublet situations, the original tenant either transfers their existing deposit to the new tenant or the new tenant provides a fresh deposit.
No tenant may sublet an apartment without the written consent of the landlord. If you did not consent to the sublease then it is not valid or enforceable. Your remedy is to terminate your tenant's lease, which will also terminate any subleases.
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:
In a sub-letting arrangement, the tenant can rent part or all the property to another person. The tenant remains the landlord's tenant and is still responsible for the tenancy, including the actions of the sub-tenant.
Subletting your apartment without informing your landlord is generally not advisable and may violate your lease agreement. Most lease agreements require tenants to obtain permission from the landlord before subletting. If you sublet without notifying your landlord, you could face consequences such as:
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.
California law requires tenants to seek explicit, written permission from their landlords to sublet if it is not already allowed in the lease. Landlords have the right to approve or deny these requests unless prohibited by a local ordinance.