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.
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:
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.
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 about 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.
The sublease agreement must clearly mention the amount of rent and the due date for rent payment. Additionally, the payment method is also included.
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:
- Trash collection
- Cable television
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.
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.
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.
CocoSign represents a wide collection of legal templates covering all types of leases, contracts and agreements for personal and commercial use. All legal templates available on CocoSign shall not be considered as attorney-client advice. Meanwhile, CocoSign shall not be responsible for the examination or evaluation of reviews, recommendations, services, etc. posted by parties other than CocoSign itself on its platform.