Are you interested in knowing the details of the California sublease agreement? Do you want to know what laws are must to follow while making a sublease agreement? Are you interested in things that are compulsory inclusions for the California sublease agreement? Keep reading to know the details.
What Is a California Sublease Agreement?
A California sublease agreement is a legal contract that a tenant of property signs with a new tenant. This allows the new tenant to share the property or a portion of it with the master tenant.
However, it is compulsory for the master tenant (sub-lessor) to have the landlord’s permission before hiring a new tenant (sub-lessee). There can be different reasons that call for the master-tenant to sublet the rental property to new tenants.
Once the parties sign the document, it becomes binding upon them to follow the terms of the agreement. Moreover, this kind of agreement makes the master-tenant responsible for two roles. That is, a tenant to the original landlord and a landlord to the new tenant, hence comes the greater responsibility.
Therefore, subleasing turns out to be a positive experience if all the involved parties adhere to their responsibilities. For the master tenant, it is important to hire a trustworthy person as the sub-lessee.
Download Our California Sublease Agreement Template
Don’t miss out on our California sublease agreement template! Its extensive and all-around provisions ensure both landlords and tenants in California feel comfortable with what they are signing for.
Click below to download our FREE sublease agreement template.
What Are Included in a California Sublease Agreement?
Having a sublease agreement in written form is a legal responsibility for the master tenant. Additionally, the sublease agreements are complex in nature and have different things important to include, these are:
Introduction:
The introduction section of the sublease agreement includes the legal names of both the master tenant and the new tenant. Moreover, it should also include the complete address of the rental property, with the city and the state name.
Sublease Term:
This section addresses the type of sublease along with its term. There are three types of lease forms in which the parties can decide for one. These include:
- The fixed sublease: This type of sublease tells the start date and the end date of the sublease.
- Monthly sublease: This type of sublease tells the start date for the agreement. Also, it mentions the notice the sub-lessee should provide before they move out.
- Weakly sublease: Like the monthly sublease, this lease also indicates the starting date for the agreement. Moreover, it also mentions the amount of notice that is compulsory for the sub-lessee to provide before moving out.
Rent:
The sublease agreement must clearly mention the amount of rent and the due date for rent payment. Additionally, the payment method is also included.
Utilities:
It is mandatory to include terms regarding the utility sharing in the sublease agreement. Therefore, it should clearly address the utilities for which the sub-lessee is responsible to pay. These may include:
- Electricity
- Gas
- Telephone
- Water
- Internet
- Trash collection
- Cable television
Security Deposit:
The sublease agreement must include details regarding the security deposit and its uses. The details include the total amount of security deposit and conditions for which the sub-lessor can withhold this amount. Moreover, it should state the duration during which the sub-lessor must return the remaining deposit amount after deducting for damages.
Additional agreements:
Any additional conditions that comply with the California-law and are not covered in standard sublease agreement appear in this part. This may include:
- Guest policy
- Smoking policy
- Handling of disputes
- Procedure for making alterations in the sublease agreement after mutual agreement
Date and Signature:
It is very crucial to include the signing date of the agreement and signatures of the parties that sign the agreement. Hence, this section includes the names and signatures of the sub-lessor, sub-lessee, and their respective witnesses.
How to Legally Sublease Your California Apartment?
Under the California law, it is mandatory to have the written consent of the landlord before proceeding to the subleasing. Therefore, the procedural method for subletting an apartment in California includes the following steps:
Checking Your Lease:
The state law of California allows the landlord to prohibit subletting if they wish to. Hence, it is really important for the tenant to first check the lease terms before sub-leasing the apartment to someone.
Mail a Letter:
If the landlord allows subletting the property, it is their legal right to know when the tenant intends to do so. Therefore, the tenant should write the landlord a letter through a certified mail containing information about the sublease. The letter must include:
- The term of the sublease, with the starting date and the ending date.
- Name and address of the probable sub-tenant.
- Reason for the subleasing of the property
- The new address of the master tenant if they move out.
- A written consent from the co-tenant, if any.
- A copy of the sublease agreement
Wait for Approval:
The tenant must wait for the approval of the proposed sub-lessee by the landlord. If the landlord rejects a sub-lessee, it must be on the basis of solid reason. Therefore, this reason can include:
- The financial status of the proposed sub-lessee.
- Use of the property premises.
- The legality of the use of property proposed.
- The type of occupancy.
Contact a Tenant’s Rights Lawyer:
It is always a good idea to have a lawyer review the terms of the agreement. The master tenant can seek suggestions from a tenants’ rights lawyer.
Subletting Laws in California
The state law of California allows the sublease of any rental property, subject to the agreement of the Landlord. However, there are certain rules that govern the subleasing of the rental property in California. These laws include:
- A landlord can legally restrict the sublease of their property. Hence, the landlord must state this clearly in their rental lease with the tenants.
- Some residential lease-agreements may require the tenants to seek the landlord’s permission before subletting the property. While some lease agreements don’t mention the sublease which implies that it is fine to sublet this property.
- If landlords restrict subleasing, they must provide a valid reason.
- Sublease agreements must be in written form.
- Subtenants must abide by the lease terms.
- Master-tenants are responsible to pay the landlord.
- A 30 days’ notice is enough to terminate a sublease.
Download Our California Sublease Agreement Template
Don’t miss out on our California sublease agreement template! Its extensive and all-round provisions ensure both landlords and tenants in California feel comfortable with what they are signing for.
Click below to download our FREE sublease agreement template.
Conclusion
A California sublease agreement allows a tenant to rent out the property/portion of it to a sub-tenant. However, the subletting must include the landlord’s consent and should follow state law.
The California law makes certain things important to include in the sublease agreement. Moreover, if you are looking for a California sublease agreement, the template can be accessed on the CocoSign website, where many other templates are also available.
DOCUMENT PREVIEW
CALIFORNIA SUBLEASE AGREEMENT
I. THE PARTIES. This is an agreement to sublet real property ("Sublease") entered into on [DATE OF AGREEMENT],by and between:
SUBLESSOR(S): [SUBLESSOR'S NAME AND ADDRESS] (“Sublessor” ),
AND
SUBLESSEE(S): [SUBLESSEE'S NAME AND ADDRESS] (“Sublessee” ).
The Sublessor agrees to sublet, and the Sublessee agrees to take possession of the property that is located and described as: [PROPERTY LOCATION AND DESCRIPTION] (“Premises” ) under the following terms:
II. TERM. Tenancy of this Sublease shall begin with the Sublessee taking possession on [START DATE] and ending on the [END DATE]. Under no circumstances shall there be holdover by the Sublessee.
III. RENT. The Sublessee agrees to pay rent under this Sublease in the amount of $[MONTHLY RENT] payable on the [DAY RENT IS DUE] of each Month to the Sublessor. The rent shall be paid in the following manner: [RENT INSTRUCTIONS].
IV. SECURITY DEPOSIT. The Sublessor shall require a Security Deposit in the amount of $[SECURITY DEPOSIT] that will be paid at the beginning of the term (“Security Deposit” ) by the Sublessee. Any damage or repairs needed at the end of the term due to the Sublessee shall be credited against the Security Deposit. Any reason for retaining a portion of the Security Deposit shall be explained in writing when returning the funds to the Sublessee. The funds shall be sent to the Sublessee within the State required time period after the Sublease has ended with the Sublessee vacating the Premises along with their possessions.
V. UTILITIES. The Sublessor agrees to pay for the following utilities and services:
[ENTER THE UTILITIES AND SERVICES THE SUBLESSOR WILL PAY FOR] All other utilities or services shall be the responsibility and expense of the Sublessee.
VI. MOVE-IN CHECKLIST. At the time of taking possession of the Premises by the Sublessee, the Sublessor and Sublessee: (check one)
☐ - SHALL BE REQUIRED to complete a move-in checklist that provides a detailed accounting of the condition of the Premises including, but not limited to, repairs needed, water damage, or material defects. This is recommended in order to protect the Security Deposit of the Sublessee.
☐ - SHALL NOT BE REQUIRED to complete a move-in checklist that provides a detailed accounting of the condition of the Premises unless otherwise required by law.
☐ - Was built BEFORE 1978 and a Lead-Based Paint Disclosure shall be attached to this Sublease.
☐ - Was built AFTER before 1978 and a Lead-Based Paint Disclosure is not required to be attached to this Sublease.
VIII. SMOKING POLICY. Smoking on the Premises: (check one)
☐ - Is ALLOWED in the following areas: [SMOKING AREAS]
☐ - Is NOT ALLOWED in the Premises or any common areas.
IX. LANDLORD’S CONSENT. The original lease between the Landlord and Sublessor: (check one)
☐ - ALLOWS subletting.
☐ - Does NOT allow subletting but consent by the Landlord HAS BEEN GRANTED to the Sublessee to take possession of the Premises.
☐ - Does NOT allow subletting and consent by the Landlord WILL BE ASKED immediately after this Sublease has been authorized. If the Sublessee is denied by the Landlord, this Sublease shall be canceled with the Security Deposit returned to the Sublessee with no further liabilities by either party.
X. LIABILITY. Sublessee agrees to surrender and deliver to the Sublessor the Premises, including all furniture and decorations within the Premises in the same condition as they were at the beginning of the term with reasonable wear and tear accepted. The Sublessee will be liable to the Sublessor for any damages occurring to the Premises, the contents thereof, the living areas, including any common spaces. All actions conducted by any guests of the Sublessee are the responsibility and liability of the Sublessee.
XI. GUESTS. There shall be no other person(s) living on the Premises other than the Sublessee. Guests of the Sublessee are allowed for periods not lasting for more than forty-eight hours unless otherwise approved by the Sublessor.
XII. MASTER LEASE. This Sublease must follow and is subject to the original lease agreement between the Sublessor and Landlord, a copy of which has been attached and is hereby referred to and incorporated as if it were set out here at length (“Master Lease” ). The Sublessee agrees to assume all of the obligations and responsibilities of the Sublessor under the Master Lease for the duration of the Sublease. All disclosures and statements required by the State and listed in the Master Lease shall made part of this Sublease and, when attached, shall be considered disclosed to the Sublessee in accordance with State and local laws.
XIII. DISPUTES. If a dispute arises during or after the term of this Sublease between the Sublessor and Sublessee, they shall agree to hold negotiations amongst themselves before any litigation.
REPRESENTATIONS MADE AT THE TIME OF EXECUTING THIS LEASE ARE NOT
LEGALLY VALID AND, THEREFORE, ARE NOT BINDING UPON EITHER PARTY).
XV. LANGUAGE. The words “Sublessor” and “Sublessee” as used herein include the plural as well as the singular; the language in this Sublease intends no regard for gender.
XVI. ORIGINAL COPIES. Each signatory to this Sublease acknowledges receipt of an executed copy thereof.
XVII. GOVERNING LAW . This Sublease shall be bound to the laws in the State where the Premises is located.
XVIII. ADDITIONAL TERMS AND CONDITIONS. [ADDITIONAL TERMS & CONDITIONS]
XIX. SEVERABILITY. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XX. ENTIRE AGREEMENT. This Agreement contains the entire agreement of all parties on these matters, superseding any previous agreement between them.
Sublessor's Signature: ______________________________ Date: ___________
Print Name:
Sublessee's Signature: ______________________________ Date: ___________
Print Name:
MASTER LEASE ATTACHED (INITIAL) _______ _______
Landlord’s Consent
I hereby give my consent to subletting of the above-described Premises as set out in this Sublease.
Landlord’s Signature: ______________________________ Date: ___________
Print Name:
