Updated on October 17, 2021
California sublease agreement is a document that allows for subletting and done in accordance to provision (CIV § 1995.210). It is a legally binding document between a sub-lessor (current tenant) and a sub-lessee (subtenant) in a residential space. The subtenant is bound to comply with the original terms as stated in the original lease between the sub-lessor and the landlord.
The form should be filled with the names of the involved parties’ i.e. Names of the sub-lessor and sub-lessee. The location of the apartment should also be indicated. The following terms should be well filled:
- Lease term: starting the period of the lease, commencement, and ending dates of the lease.
- Rent: Amount of money to be paid directly to the sublessor at the start of every month.
- Security deposit: The amount to be paid as a security deposit to the sublessor. According to California law, it cannot be used as the last month’s rent. However, after the allowed deductions, the remaining amount should be sent to the sublessee within 21 days.
- Termination notice: A date when the lease will be terminated should be filled. A written agreement can be signed by both parties for an additional tenancy period.
- Sub lessee’s Interest in the apartment: highlights what the sublessee can or cannot do within the apartment as far as the rooms are concerned as well as issues of overnight guests.
- Utility and Telephone Charges: The percentage the sublessee is to pay for the utilities and telephone charges.
- Household chores: The list of household chores to be done by the sublessee as per the agreement between the two parties.
- The next section briefly explains the noise levels during nighttime, smoking, alcohol, and parking space rules.
- Master lease: In addition to the sublease agreement, a master lease should be attached and the sublessee is expected to abide by the stated rules in the master lease.
- Termination of the master lease: The sublessor is expected to provide a 30 days’ notice to the sublessee upon the termination of the master lease.
- Condition of the apartment: The sublessee should examine the condition of the apartment and highlight where it is not in good condition. The sublessee is responsible for any damages caused during their tenancy.
- Subleasing: The sublessee cannot assign the apartment to someone else without permission from the sublessor.
- Agreement binding: once the parties agree on the terms, they should sign with an indication of their names and dates.
A tenant needs to ensure that the original lease allows them to enter into a sublease. If otherwise, the original tenant should get written permission from the landlord according to California laws.
- CIV § 1995.210