Sublease agreement (LA)
Legal advice recommended before use.
California gives tenants no automatic statutory right to sublet the way New York does — whether you can sublet, and whether your landlord's consent is required, comes from your own lease. This agreement covers the sublease terms between you and your subtenant, and flags the California-specific risk most renters miss: subletting can reset a rent-controlled unit to market rate once the original tenant permanently moves out.
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Template, not legal advice, and this specific document has not yet been reviewed by a licensed California attorney — do not rely on it until it has been. California has no general statutory right to sublet; whether you may sublet, and whether landlord consent is required, is governed by your own lease. Unauthorized subletting can be an at-fault "just cause" ground for eviction (Cal. Civil Code §1946.2(b)(1)), and for rent-controlled units, subletting can risk a market-rate reset under the Costa-Hawkins Act (Cal. Civil Code §1954.53(d)) once the last original tenant permanently vacates.
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Frequently asked questions
Do I have a legal right to sublet my LA apartment?
Not automatically. Unlike New York, California has no statute giving residential tenants a general right to sublet. Whether you can sublet, and whether you need your landlord's written consent, is controlled entirely by your own lease — most LA leases require prior written consent.
What happens if I sublet without permission and my lease requires it?
Unauthorized subletting or assignment is an enumerated at-fault "just cause" ground for eviction under Cal. Civil Code Section 1946.2(b)(1) (tied to Code of Civil Procedure Section 1161(4)), and, for City of LA Rent Stabilization Ordinance units, under L.A. Municipal Code Section 151.09. For many lease violations you must first be given a chance to cure before a termination notice.
Will subletting risk losing my rent-controlled rent?
Possibly, for whoever comes after you. Under the Costa-Hawkins Rental Housing Act (Cal. Civil Code Section 1954.53(d)), once every original tenant who signed the master lease has permanently moved out, the landlord may reset a rent-controlled unit to market rate for a new occupant. As long as you remain a permanent occupant of record, this rent protection stays intact.
How much security deposit can I collect from my subtenant?
No more than one month's rent, under Cal. Civil Code Section 1950.5 as amended by AB 12. It must be returned within 21 days of move-out with an itemized statement of any deductions.
Can my subtenant be evicted by self-help, like changing the locks?
No. Only a court judgment and the sheriff may remove a subtenant in California. Changing locks, shutting off utilities, or removing belongings is an illegal self-help eviction under Cal. Civil Code Section 789.3, exposing the person who does it to damages, a penalty of up to $100 per day, and attorney's fees.
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