A California sublease agreement allows you (the tenant) to rent out all or a portion of the property you’re renting to another person who wasn’t a part of the original lease. You should check your original lease agreement to see if you can sublet your apartment.
In California, subletting typically requires your landlord’s written consent. If your lease says you can’t sublet, don’t risk potential legal issues by subletting.
The new tenant (known as the “subtenant” or “sublessee”) has to honor the terms of the sublease agreement (as well as the original lease) and follow all California laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Laws & Requirements
Sublease and Assignment Provision Laws: California Civil Code – CIV § 1995.210-270.
Landlord-Tenant Laws: California Civil Code – CIV § 1940-1954.06.
Security Deposit Obligations: Sublessors in California must return the security deposit within 21 days of the end of the sublease.
Notices: In California, sublessors must give their subtenants three days’ written notice to pay rent or leave. Depending on whether the subtenant has lived at the rental for under one year or over one year, a sublessor also needs to provide 30 or 60 days written notice of the intent not to renew the sublease and/or original lease.
Sample
Below, you can download a California sublease agreement template in PDF and Word format:
