California Renters: Rules for Airbnb and Short-Term Sublets

If you're a California renter wondering whether you can rent out your place on Airbnb or offer a short-term sublet, it’s important to know both your rights and responsibilities. State and local laws put limits on short-term rentals, and you may need permission from your landlord. Here’s what you need to know to avoid fines, eviction, or other problems.

Understanding Short-Term Rentals and Subletting in California

Short-term rentals are typically defined as stays of 30 days or less, often arranged through platforms like Airbnb or VRBO. Subletting is when you rent your leased unit (or part of it) to someone else for any period.

In California, several laws and regulations govern whether you can sublet or do short-term rentals:

• Lease Agreement Controls: Most leases have language about subletting or short-term rentals. If your lease says “no subletting” or “no short-term rentals,” you must get written permission from your landlord.
• City and County Regulations: Many California cities (like Los Angeles and San Francisco) have their own short-term rental rules and registration systems.
• Landlord Consent: Even if your local laws allow short-term rentals, your landlord’s approval is usually required unless your lease clearly allows it.
• State Law on Subletting: Under California Civil Code Section 1995.260, if your lease does not mention subletting, you generally may sublet with your landlord’s reasonable consent.^[1]

If you sublet or list your rental without permission, your landlord may start eviction proceedings or take other legal action.

Your Landlord’s Rights and What You Can Do

Before you list your unit on Airbnb or sublet to someone for a short stay, check your lease and talk with your landlord. Here’s how the process usually works:

• Review Your Lease: Look for language about "assignment," "subletting," or "short-term rental."
• Request Permission: If required, send a written request to your landlord.
• Wait for a Response: Your landlord must act reasonably but can deny your request for certain reasons.

If your lease is silent about subletting, California law often requires landlords to have a good reason to deny your request, such as concerns about noise, damage, or neighborhood rules.

Relevant Official Forms for Subletting

• Request to Sublet or Assign (No official state form): There is no statewide California form for requesting to sublet. Many landlords or property management companies offer their own. A basic written letter or email stating your intent and getting written landlord permission is usually sufficient. Sample template letters are available from the California Department of Consumer Affairs (see "Subleases and Assignments").
• Notice to Quit (Form UD-100): If a landlord seeks to evict a renter for unauthorized subletting or a prohibited short-term rental, they may use the Unlawful Detainer (UD-100) form. This is filed in court and not given by the renter. Example: If you sublet without permission, your landlord could give you a written notice to cure or quit, and then file this form if the issue is not resolved. Official info: California Courts - Eviction (Unlawful Detainer).

Where to Get Legal Help: California Tribunal for Rental Disputes

Housing disputes in California are usually handled in the Superior Court of California (specifically, the Unlawful Detainer court for evictions and rental disagreements). You can learn more about your rights and the eviction process on the California Courts Self-Help Center website.

Short-Term Rental Laws in Major California Cities

Some cities, such as San Francisco, Los Angeles, and San Diego, require you to register your short-term rental or obtain a business license:

• San Francisco Office of Short-Term Rentals
• Los Angeles Short-Term Rental Program
• San Diego Short-Term Residential Occupancy (STRO)

These rules often require you to:

• Register your rental with the city
• Pay local taxes or fees
• Post your registration number on your rental listing
• Comply with occupancy limits and neighborhood standards

What if My Landlord Says No?

If your landlord denies your request to sublet or do short-term rentals and you proceed anyway, you risk:

• Eviction: If you violate your lease, your landlord may serve a notice and file for eviction in court.
• Financial Penalties: You could be responsible for damages or fees under your lease agreement or local law.
• Legal Costs: Defending against an eviction or lawsuit can be expensive and time-consuming.

Steps to Take if You Want to Sublet or Do Short-Term Rentals

If you’re a renter considering listing your space on Airbnb or subletting for a few weeks, follow these steps to protect yourself:

• Read your entire lease and note any language on subletting or short-term rentals.
• Contact your landlord with a written request, stating who would stay, for how long, and under what terms.
• Check your city’s short-term rental laws or registration requirements before proceeding.
• Keep records of all written communication with your landlord.

FAQ: Short-Term Rentals and Subletting in California

1. Can I rent out my apartment on Airbnb if my lease doesn’t mention it?
   Usually, you need your landlord’s written consent. Even if not mentioned, state law generally requires "reasonable" consent for subletting. Always ask first.
2. What happens if I list my place on Airbnb without permission?
   You could face eviction or legal action for breaking your lease. Your landlord may issue a notice to quit and file for eviction if the issue isn’t resolved.
3. Are there specific forms I need to fill out for subletting?
   California does not provide an official statewide sublet form, but you should make your request to your landlord in writing. Your landlord may have their own form.
4. Who enforces short-term rental laws in California?
   Local city agencies regulate short-term rentals. Rental housing disputes, including eviction, are handled in the Superior Court’s Unlawful Detainer division.
5. Do cities like Los Angeles and San Francisco have extra short-term rental rules?
   Yes, both require you to register your unit and follow additional city rules and tax requirements. Check your city's official website for details.

Key Takeaways for California Renters

• Always review your lease and get written landlord approval before subletting or using Airbnb.
• Many California cities have extra registration or licensing requirements.
• Unauthorized short-term rentals can lead to eviction and legal trouble.

Understanding your rights and local rules is the best way to avoid problems and protect your housing.

Need Help? Resources for Renters

• California Courts: Eviction and Rental Dispute Information – Information on legal rights and the eviction process.
• California Department of Consumer Affairs: California Tenants Guide – Easy-to-understand explanations and sample letters.
• California Department of Housing & Community Development – Statewide housing programs and resources.
• Contact your local city housing office (such as San Francisco's Office of Short-Term Rentals or Los Angeles’s Housing Department) for local regulations or to file a complaint.

---

^[1] See California Civil Code Section 1995.260 — Subletting and Assignment.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations