California Subletting Laws: Rules and Permissions Explained

Thinking about subletting your apartment or renting out a room in California? Understanding the legal landscape around subletting can help renters avoid misunderstandings or lease violations. California law gives renters certain rights and responsibilities when it comes to subletting, but there are important steps and rules you should know before moving forward.

What Is Subletting and Is It Legal in California?

Subletting means a current tenant rents out all or part of their rental unit to another person (the “subtenant”), while remaining responsible for the lease. In California, subletting is generally allowed unless your lease specifically prohibits it. However, most leases require you to get written permission from your landlord before you sublet your place. This rule is covered under California Civil Code Section 1995.240.^[1]

What Your Lease Says Matters

• If your lease prohibits subletting, you cannot legally sublet unless your landlord gives you written consent.
• If the lease is silent (doesn’t mention subletting), California law assumes you can sublet, but still recommends written notice to the landlord.

Always check your lease agreement—and look for specific language about subletting or assignment of your rental.

How to Request Permission to Sublet

Most California tenants are required to submit a written request to the landlord before subletting. Landlords cannot unreasonably deny a valid request to sublet if the lease allows or is silent on subleasing.

Official Notification Steps

• Write a formal letter to your landlord describing who you want to sublet to, including their contact information, rental dates, and why.
• Some cities, like Los Angeles or San Francisco, offer recommended sample forms, but there is currently no statewide official subletting form in California. Check your local housing authority for any city-specific documents.
• If your landlord approves, get their written consent and keep a copy for your records.

If your landlord denies your subletting request, and the lease doesn’t prohibit it, you may have rights to challenge their decision. However, proceeding without their express permission could risk eviction.^[2]

Key Rules for Subletting in California

• You remain responsible. Even if your subtenant pays rent to you, you’re still legally liable for rent, property condition, and following the lease.
• Follow local rules. Rent-controlled cities, such as Los Angeles or San Francisco, may have extra regulations. Check with your city’s housing department. (Find local housing agencies)
• Written agreement is essential. Use a sublease agreement signed by both parties, which outlines rights, rent, and rules.

Relevant Forms and Where to Find Them

• Sample Sublet Request Letter: No official statewide form, but examples are available through local housing offices.
  When to use: Send this to your landlord before making subletting arrangements.
  San Francisco Tenants Union sample subletting letter (note: check with your local city for city-specific resources).
• California Civil Code Section 1995.240 is the controlling law. View it on the official California Legislative Information website.

Which Agency Oversees Tenant Disputes?

California does not have a single statewide tribunal for landlord-tenant issues. Local agencies, like rent boards or housing departments, manage complaints in larger cities. For legal disputes, cases are typically filed in California Superior Court (Unlawful Detainer/Eviction Court).^[3]

Frequently Asked Questions

1. Can my landlord charge extra fees for subletting?
   Landlords may charge approved administrative fees if specified in your lease, but they cannot unreasonably profit from your sublet arrangement or impose illegal increases.
2. Do I need landlord approval if my lease is silent on subletting?
   Legally, you should still notify your landlord and seek written consent. Even if not required, this step avoids misunderstandings.^[1]
3. What happens if my subtenant breaks the rules or causes damage?
   You, as the original tenant, remain responsible for rent and any damages. Landlords may pursue you for unpaid rent or repairs, so choose your subtenant carefully.
4. Is subletting allowed in rent-controlled apartments?
   Yes, but local rent boards may have additional rules. Always check with your city's housing agency or rent board.
5. Can I use a verbal agreement for my sublease?
   It’s strongly recommended to have a written sublease agreement to protect yourself legally.

Key Takeaways

• Subletting in California is generally legal, but check if your lease allows it and always seek landlord permission in writing.
• You remain responsible for your lease obligations during the sublet.
• There is no statewide subletting form, but written proof is crucial to avoid disputes.

Before subletting, always read your lease, communicate openly with your landlord, and document all agreements.

Need Help? Resources for Renters

• California Department of Consumer Affairs: Tenant Information
• California Housing Is Key: Tenant Resources
• California Courts: Landlord/Tenant Issues (including where to file complaints)
• San Francisco Tenants Union (example for city-based help)

---

1. California Civil Code Section 1995.240: Tenant Subletting Rights
2. California Department of Consumer Affairs - California Tenants: Guide to Rights & Responsibilities (PDF, 2023)
3. California Courts – Landlord/Tenant Disputes & Legal Process

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