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.
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.
(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.
How to create a sublease agreement Provide a description of the property. Add the names of the tenant and subtenant. Lay out the terms. Discuss any additional information. Decide the amount of rent. Determine the security deposit amount. State any late fees. List the policies and/or conditions.
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.
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.
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.
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.