What Is a Sublet Agreement in California?

What is a sublet agreement in California? In the state of California, subletting is allowed provided the original landlord of the property gives permission for the tenant to do so. As in other states in the U.S., sublets in California must fall within certain regulations that should be laid out in any legal agreement before a sublet is considered legal, binding, and safe for all parties involved.

So, what is a sublet in California?

• Subletting is the act of having a third party take over a tenant's obligations in terms of a property lease.
• This means that the tenant rents from the landlord, but the subletter may come along and essentially rent from the tenant, thus becoming a “sublessee” of the landlord's.
• As you can imagine, this can create some complications in terms of who is responsible to whom, and who should be held accountable for any damages, unpaid fees, or other problems that might arise.

Process of a Sublet Agreement

So, now that you know what a sublet agreement is in California, you might want to learn the steps for making such an agreement:

• In California, the first thing that must occur is that the landlord has to give permission for a sublease to take place.
• If this permission is not explicitly stated in the original lease, the tenant intending to sublet should get it in writing from the landlord before taking any further action.
• Most landlords in California are open to this process, and subletting is actually quite common within the state, possibly due to high property costs and/or the need for people to move or travel often for the types of jobs that are typically found in the area.
• A landlord is not required by any means to allow a sublease; so, if your landlord does not automatically state that a sublease is a possibility, make sure to approach the subject diplomatically should you wish to discuss it.
• In any case, once a sublease agreement is permitted by the original landlord, most of the responsibility falls onto the current tenant to set up an agreement with the future sublessee. 

Steps to Set Up a California Sublet Agreement

The following steps are important to remember when setting up such an agreement (in writing, of course):

1. Look over the original lease.

Any existing restrictions on use of the property, as well as factors such as utility costs, parking costs, and repair procedures, should be transferred directly to the sublease agreement. The new person living in the property will have to abide by these same rules, so there's no reason to change them.

2. Decide responsibility – and state it.

A tenant deciding to sublease probably wants the sublessee to pay for any damage he or she might cause, and should make sure to include such a clause in the sublease agreement. On the other hand, perhaps the tenant is trying to sweeten the sublease deal by offering to cover certain costs or responsibilities. Perhaps he or she is willing to cover the electricity bill, or 10% of the rent, in order to persuade the sublessee to take over the lease. If so, make sure these things are outlined in writing, too.

3. Talk to the landlord.

While the sublease agreement is really between the tenant and the sublessee, the sublessee and the landlord will still have an existing relationship, and should be able to communicate. The landlord also needs to know the terms under which the sublessee is staying; therefore, go over your sublease agreement with your landlord and ask for input. Remember that, should something go wrong, your landlord may (and likely will) come to you for resolution, not your sublessee, so for your own protection you need to make sure the landlord is all right with everything the sublease says.

4. Check for local regulations – and follow them.

In some areas, a California sublease might require the parties involved to go through an inspection of the property, meaning that the tenant and sublessee (and sometimes the landlord as well) go through the property and take a record of its current condition at the time of subleasing. This will help determine who might be responsible for damage later when the lease is up, and is a familiar process when signing an original lease. Doing it with a sublease only makes sense and is another way to protect everyone with an interest in the agreement.