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.
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.
A sublease agreement is a legal document where a tenant (the original lessee) rents out the leased property to a third party, known as the subtenant, for a specified period. In this case, the tenant becomes the "landlord" for the subtenant, but the original lease with the property owner still stands.
Landlord Consent To Sublease Or Assignment Of Rights Being Withheld From Tenant. In California, within the Business and Professions Code, Section 1995.260, the landlord cannot unreasonably withhold the consent of the tenant to assign or sublease the property.
Landlords can sign a Consent to Sublease form to give tenants official permission to sublease their rental unit. When subleasing, a tenant transfers some of their rights under a lease to a third party. In most cases, a tenant must have their landlord's approval before entering into a sublease 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.
A standard form of letter from a tenant under a commercial or retail lease to notify its landlord that it intends to grant a sublease of the whole or part of the premises under the lease and requesting consent to do so.
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.
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.