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Can a tenant sublet a property in California?

On Behalf of | Mar 5, 2022 | Real Estate Law |

In most cases, people sublet the property to save on rent or make some money off the additional tenant. Subletting can take two forms. A tenant can move out of the apartment and hand it over to a third party without changing the details on the lease, or they could have a tenant move in and use part of the property.

Below is what you need to know about subletting of property as the landlord.

It is not against the law

Under California laws, subletting a property is not illegal on the face of it. However, the buck stops with the lease agreement in place. Landlords can legally prevent their tenants from subletting a property by explicitly stating so in the lease. If the lease agreement prohibits subletting the property to a third party, a tenant could be in violation of the terms of the lease, and you may take legal action against them.

If you allow your tenant to sublet the property, you can also set the rules, such as having veto power over who your tenant decides to sublet.

It does not change the tenant-landlord relationship

Even if your tenant sublets, your initial agreement with them still stands. It means that they are still legally obligated to pay you rent, even if the subtenant does not pay their portion of the rent. Additionally, the subtenant must comply with the terms of the lease agreement.

Ensure there are no loopholes in your lease agreement

It is crucial to ensure that everything that could affect the lease is well addressed in the agreement, including whether a tenant can sublet. That way, you will avoid any potential disputes that may arise if the tenant goes ahead and sublets the property.

Even so, disputes with your tenants are almost inevitable. Therefore, you should always be ready to deal with such conflicts and protect your interests.