California Sublease Agreement

The California Sublease Agreement gives the renter of an apartment or home a legal “way out” of their lease without the legal repercussions of breaking the contract. Finding a sublessee to move into the rental is the responsibility of the current tenant (sublessor). They should screen potential sublessees the same way a landlord screens a tenant. Background checks, references, and a rental application can go a long way in finding suitable tenants. California doesn’t restrict subleasing, although landlords can restrict it in the lease if they so choose.

Should the lease restrict subleasing, the sublessor should send a written request to the landlord using certified mail. If the landlord doesn’t respond within fourteen (14) days, their silence is generally presumed to infer permission. Even after signing a sublease contract with the new subtenant, it is the original tenant’s responsibility to ensure the rental is not damaged, rent is paid on time, and that the conditions of the original (and new) lease agreement are followed.