A California room rental agreement is a legally binding contract between a landlord (or primary tenant) and a tenant or subtenant seeking to rent a specific room within a property. The primary tenant remains responsible for the original lease agreement with the landlord, while the subtenant is bound by the new provisions. This helps clarify the rights and responsibilities of both parties, including rent, utilities, house rules, and any other relevant terms.
It’s important to note that not all original lease agreements allow subleasing, so tenants considering subletting a room should first obtain permission from the landlord and ensure that both the original and the new agreements comply with local laws and regulations. To facilitate the process, the primary tenant should use a rental application to gather information from potential subtenants, ensuring they are a suitable fit.
After How Long Does a Guest Become a Tenant in California?
Under the statewide landlord-tenant laws (California Civil Code – CIV § 1940-1954.06), guests residing on the rental property
- for more than two weeks in a six-month period or
- spending over seven nights in a row become tenants.