Request for landlord consent to sublet (LA)
Legal advice recommended before use.
Unlike New York, California gives residential tenants no general statutory right to sublet — whether you can sublet at all, and whether your landlord's written consent is required, comes entirely from your own lease. Most Los Angeles leases require prior written consent before you bring in a subtenant, and consent can't be withheld unreasonably if your lease is silent or allows subletting with approval. Use this letter to make a clear, dated request and start the clock on a response — before you sign anything with a prospective subtenant.
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This letter only requests permission to sublet — it is not the sublease itself. Once consent is granted (get it in writing), use a separate sublease agreement to set the terms between you and your subtenant. If your lease is silent on subletting or doesn't flatly prohibit it, some courts have found a landlord can't withhold consent unreasonably — but don't assume that protects you until you've read your own lease or talked to a tenant attorney. Send this letter by a method you can prove (certified mail or email with confirmation) and keep a copy. This is a template, not legal advice. This document was drafted without live legal-citation verification (research budget was exhausted) and has not yet been reviewed by an attorney — do not rely on it as final.
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Frequently asked questions
Do I have a legal right to sublet my LA apartment?
Not automatically. California has no statute giving residential tenants a general right to sublet, unlike New York. Whether you can sublet, and whether you need your landlord's written consent, is controlled entirely by your lease — most LA leases require prior written consent before you bring in a subtenant.
Can my landlord just say no?
It depends on your lease. If your lease flatly prohibits subletting, your landlord can generally refuse. If your lease is silent or says subletting is allowed with consent, some California courts have held a landlord can't withhold that consent unreasonably — but this is fact-specific and not guaranteed; read your lease closely and consider asking a tenant attorney before assuming you're protected.
What happens if I sublet without asking first?
Unauthorized subletting or assignment is an enumerated at-fault "just cause" ground for eviction under Cal. Civil Code § 1946.2(b)(1) (tied to Code of Civil Procedure § 1161(4)), and, for units covered by the Los Angeles Rent Stabilization Ordinance, under L.A. Municipal Code § 151.09. Asking first, in writing, is the safer path.
Will subletting put my rent-controlled rent at risk?
Possibly, for whoever comes after you. Under the Costa-Hawkins Rental Housing Act (Cal. Civil Code § 1954.53(d)), once every original tenant who signed the 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 protection stays intact — this letter says so explicitly so there's no ambiguity.
What should I do once my landlord says yes?
Get the consent in writing (even a signed email is useful), then put the actual terms — rent, deposit, dates, house rules — in a separate sublease agreement with your subtenant. Don't rely on this consent letter alone to govern that relationship.
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