Understanding Subletting Laws in California The lease agreement plays a significant role in determining whether subletting is permitted. If your lease explicitly prohibits sublets, that restriction holds. However, most leases require tenants to obtain written approval from their landlords before subletting.
Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
Consent from the landlord A tenant must get a landlord's written permission to sub-let or transfer any part of the property. If a tenant does this without consent, they are breaching the terms of the tenancy agreement.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
Lessee shall not assign this Lease or sublet any portion of the Premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this Lease.
California: Guests become tenants when they stay for over 14 days within six months, or seven nights in a row. Colorado: Guests become tenants after staying for over 14 days within six months. Connecticut: Guests become tenants after staying for over 14 days within six months.
(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.
However in California, the law cannot void the lease and it is perfectly legal for the landlord to prohibit subletting. If it says you absolutely cannot do it, you probably can't sublet legally.