California Sublease Agreement
A California sublease agreement is a legal document that allows a tenant (the sublessor) to rent out all or a portion of their rental property to another person (the sublessee) in exchange for regular payments. This agreement is separate from the original lease between the tenant and the landlord, but the sublessee must adhere to the terms of both the sublease and the original lease.
California Sublease Agreement
Right to Sublet
In California, a tenant has the right to sublet their rental property unless the original lease explicitly prohibits it. If the lease does not mention subletting, it is generally assumed to be allowed. If subletting is restricted, the tenant must obtain explicit written consent from the landlord. Even with consent, landlords retain the right to reject a subtenant based on qualifications such as credit history or references.
If the lease contains ambiguous language regarding subletting, the interpretation will favor the tenant.
Key Components of a California Sublease Agreement
A standard California sublease agreement typically includes the following elements:
- Parties Involved: The names of the original tenant (Sublessor) and the new tenant (Sublessee).
- Rental Unit Location: The address of the rental unit as per the original lease.
- Term: The start and end dates of the sublease.
- Rent: The amount of rent, payment schedule, and payment methods.
- Utilities: Responsibilities for utility payments between the Sublessor and Sublessee.
- Liability: The Sublessee’s liability for damages, with the Sublessor ultimately responsible to the landlord.
- Authorized Occupants: A list of individuals authorized to reside in the rental unit.
- Security Deposit: Held by the Sublessor, limited to two months’ rent for unfurnished units or three months’ rent for furnished units.
- Return of Security Deposit: Must be returned within 21 days after the Sublessee vacates.
- Lead-Based Paint Notice: Required if the rental unit was built before 1978.
- Master Lease Inclusion: A copy of the original lease must be attached to the sublease.
- Dispute Resolution: Procedures for resolving disputes between parties.
- General Conditions: A statement that the agreement encompasses all terms and can only be modified in writing.
- Smoking Policy: Any restrictions on smoking within the rental unit.
- Landlord’s Consent: A section detailing how the landlord’s consent will be obtained.
Tax Obligations
Tenants who sublet their property for less than 30 continuous days are subject to California’s Transient Occupancy Tax (TOT). This tax is collected at the city and county levels, with rates typically ranging from 8% to 15.5%.
Tenants must file tax returns with their local tax jurisdiction, and even if no rental income is earned, they may need to file “zero dollar returns.” Late filings can incur penalties and interest.
Legal Framework
The relevant laws governing subleasing and landlord-tenant relationships in California include:
- Sublease and Assignment Provision Laws: California Civil Code – CIV § 1995.010-270.
- Landlord-Tenant Laws: California Civil Code – CIV § 1940-1954.06.
- Security Deposit Obligations: Must be returned within 21 days of the end of the sublease.
Statutes
- Civ. Code §§ 1950.5(f) – [Operative 7/1/2024] Security for rental agreement
- Civ. Code §§ 1950.5 – Security Deposit Maximum, Non-Refundable Fees, Deadline for Returning Security Deposit
- Civ. Code §§ 1947 – Rent is Due
- Civ. Code §§ 1947.3(1-2) – Payment Methods
- Civ. Code §§ 827(b)(2-3) – Rent Increase Notice
- Civ. Code §§ 1950.6(b) – Application Fees
- Civ. Code §§ 1942(a) – Tenant Allowed to Repair and Deduct Rent
- Civ. Code §§ 1951.2 – Recovery by lessor upon breach of lease and abandonment of property by lessee
- Civ. Code §§ 1946 – Renewal of hiring for term not specified by parties
- Civ. Code §§ 1946.1 – Notice of intention terminate hiring for term not specified by parties
- Civ. Code §§ 1954a – Entry of dwelling by landlord
- Civ. Code §§ 1954b – Entry of dwelling by landlord
- Civ. Code §§ 789.3a – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 789.3b(1) – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 789.3d – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 1954.602 – Duty of landlord
- Civ. Code §§ 1962(4) – Obligations of owner or party signing rental agreement or lease on behalf of owner
- Civ. Code §§ 1940.9 – Disclosure that tenant’s gas and electric meter serves area outside tenant’s dwelling unit
- Civ. Code §§ 1950.6(b) – Application Fees
- Civ. Code §§ 1940.7 – Notice of actual knowledge of former federal or state ordnance locations in neighborhood area
- Civ. Code §§ 2079.10a – Notice as to database of person required to register as to sex offenders
- Civ. Code §§ 1940.8 – Copy of notice provided by registered structural pest control company
- Civ. Code §§ 1947.5 – Prohibition of smoking of cigarettes or other tobacco products
- Civ. Code §§ 1941.5 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
- Civ. Code §§ 1941.6 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
- Civ. Code §§ 1946.7(d) – Notice by victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, and certain other crimes of intent to terminate
- Civ. Code §§ 1942.5 – Retaliation by lessor against lessee for exercising rights under chapter
- Civ. Code §§ 1965 – Generally
- Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
- Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
- Civ. Procedure Code §§ 1161(2) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
- Civ. Procedure Code §§ 1161(3) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
- Health & Safety Code §§ 26147 – Disclosure by residential landlords
- Business and Professional Code §§ 8538 – Written notice to owner and tenant of premises
FAQs
A California sublease agreement is a legal document that allows a tenant (sublessor) to rent out all or a portion of their rental property to another person (subtenant or sublessee) in exchange for regular payments. The subtenant must adhere to the terms of both the sublease and the original lease.
Yes, in California, a tenant typically needs to obtain explicit written consent from their landlord to sublet the rental property. If the original lease does not prohibit subletting, the tenant can assume it is allowed, but if it does, they must seek approval.
If a lease specifically prohibits subletting, a tenant cannot sublet their rental unit without facing potential eviction. Landlords have the right to enforce these restrictions, and tenants should always check their lease agreement before attempting to sublet.
If a tenant sublets a property for less than 30 continuous days, they may be subject to California’s Transient Occupancy Tax (TOT), which varies by city and county, typically ranging from 8% to 15.5%. Taxes are collected at the local level, and tenants should verify the specific rates and requirements in their area.
In California, a sublessor must return the security deposit to the subtenant within 21 days after the subtenant vacates the rental unit. This is in accordance with California state law regarding security deposits.
A California sublease agreement should include the names of the parties, rental unit location, term of the sublease, rent amount and payment details, utilities responsibilities, liability clauses, authorized occupants, security deposit terms, and any specific conditions related to the original lease.
In California, if a lease does not explicitly prohibit subletting, landlords cannot unreasonably withhold consent for a tenant to sublet. However, if the lease outlines specific standards for approval, landlords can refuse based on those criteria.
To sublet an apartment, a tenant should first review their original lease for any restrictions on subletting. If allowed, they must obtain written consent from the landlord, draft a sublease agreement that includes all necessary terms, and ensure the subtenant understands their obligations under both the sublease and original lease.