How to Transfer a Lease to a New Tenant in California

Sometimes, life brings unexpected changes and you need to move before your rental lease in California is up. If you’re considering letting someone else take over your lease, understanding how to properly transfer a lease (known as an "assignment" or "sublease") is essential. This guide explains how transferring a lease to a new tenant works in California, including required steps, official forms, and your rights under state law.

Understanding Lease Transfers: Assignment vs. Sublease

In California, there are two main ways to let another person take over your lease:

• Assignment: You transfer all your rights and responsibilities under the rental agreement to a new tenant. After assignment, you typically have no further obligation under the lease.
• Sublease: You allow another tenant to rent the property from you, while you remain legally responsible to the landlord.

Whether assignment or subletting is allowed depends on your lease terms and landlord approval. California law does not require landlords to accept a new tenant unless your lease specifically allows it, or the landlord agrees in writing.^[1]

Check Your Lease Agreement First

Always review your written lease for any clauses on assignments or subleases. Some leases allow it with prior landlord approval, while others may prohibit it altogether.

• Look for terms like "assignment," "sublease," or "occupant change."
• If the lease is silent or unclear about assignments, California Civil Code assumes you need landlord consent. The landlord must not "unreasonably withhold" permission if the lease states approval is required, but does not clarify grounds.^[2]

Requesting Landlord Approval

If your lease allows assignments or subleases with approval, put your request in writing. Include:

• Your name and current address
• Name and contact details of the proposed new tenant
• Why you’re requesting the transfer
• Requested move-out and move-in dates

Landlords may ask for additional information about the new tenant, such as a rental application or background check. It’s a good idea to provide these promptly if requested.

Official Forms for Lease Transfers in California

• California Assignment of Lease Agreement (No official state form number):
  Purpose: Documents the transfer of all responsibilities from existing tenant to new tenant (the assignee).
  Example: You find someone to take over your apartment and use this form to assign your lease entirely to them, with landlord approval.
  Assignment of Lease Example Form (CA Department of General Services)
• Sublease Agreement (no state form number):
  Purpose: Sets out the arrangement for the sublet tenant to rent from you, while you remain responsible to the landlord.
  Example: You move out early and sublet your room to a friend for the last two months while your name stays on the original lease.
  More on Subleases (California Department of Consumer Affairs)

These agreements should always be signed by all involved parties. Keep a copy for your records.

Step-by-Step: How to Transfer Your Lease

Follow these action steps for a smooth and legal lease transfer in California:

• Review your lease for subletting or assignment terms.
• Contact your landlord in writing to request permission and propose the new tenant.
• Have the proposed new tenant complete any applications or background checks as required by the landlord.
• Complete an Assignment of Lease Agreement if the landlord consents to a full transfer, or a Sublease Agreement if subletting is allowed (and preferred).
• Get all parties (current tenant, new tenant, and landlord) to sign the agreement.
• Conduct a walk-through and settle any cleaning or damage responsibilities.
• Transfer keys and provide new tenant details to the landlord.

Who Oversees Renters' Rights in California?

For lease and eviction issues, the California Department of Consumer Affairs (DCA) is the main state resource. Some cities have local rent boards or agencies with special rules for assignments and sublets. For legal disputes, California superior courts handle tenancy matters. Tenant protections are outlined in the California Civil Code Sections 1940-1954.

Summary: Lease Transfers in California

Transferring a lease before your term ends can save you money and avoid penalties, but requires careful steps and respect for your landlord’s rights. Always use written forms and official agreements to protect all parties.

FAQ: Lease Transfers and Subletting in California

1. Can my landlord say no if I want to transfer my lease?
   Yes, unless your lease specifically allows assignment or subletting, the landlord can reject your request. If the lease says approval "may not be unreasonably withheld," the landlord needs a valid reason to refuse.
2. What happens if I transfer my lease without landlord approval?
   This could be grounds for eviction or a breach of your lease. Always secure written consent first.
3. Does the new tenant have to sign a new lease?
   If you assign your lease, the new tenant steps into your place on the existing agreement. For a sublease, the new tenant signs a separate agreement with you.
4. Are there any fees for transferring a lease?
   Landlords may charge a reasonable processing or application fee, if stated in your lease. Check California’s laws and your agreement for fee limitations.

Conclusion: Key Takeaways

• Check your lease first to see if transfer or subletting is allowed.
• Always get landlord approval and use written contracts for assignments or subleases.
• Know your rights and responsibilities under California Civil Code—Tenant Protections.

Lease transfers can be a helpful solution, but must be handled carefully to avoid legal issues.

Need Help? Resources for Renters

• California Department of Consumer Affairs: Tenant Resources
• California Department of Housing & Community Development: Tenant Help
• California Courts Self-Help: Evictions & Renters' Rights

---

1. See California Department of Consumer Affairs: Subletting and Assignment
2. California Civil Code, Section 1995.260: Reasonableness of Consent

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