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California Sublease Agreement

A California sublease agreement is a document between a current tenant (sublessor) and a subtenant for residential use. Even though there will be a new contract between the tenant and the subtenant, the subtenant is still bound to the landlord's rules in the original lease.
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Updated June 20, 2024

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Right to Sublet

A tenant can legally sublet the rental property if stated or not mentioned in the lease. By default, a tenant has the right to sublet unless the landlord specifically prohibits it.[1]

Unless a lease includes a restriction on transfer, a tenant’s rights under the lease include unrestricted transfer of the tenant’s interest in the lease.

If a tenant is prohibited from subletting their rental, the landlord’s permission is required (use a Landlord Consent Form).

If Language is “Ambiguous”

If there is “ambiguity” or unclear language in the lease regarding the tenant’s ability to sublet, this will be ruled in the tenant’s favor.[2]

Short-Term (Lodgings) Tax

A tenant is subject to California’s TOT (Transient Occupant Tax) if they sublet a property for less than 30 continuous days.[3] Taxes are collected at the city and county levels, not by the state.

The California State Controller offers 2020-2021 TOT data for all counties, but it is recommended to verify county charges.

Sources

  1. CIV § 1995.210(b)
  2. CIV § 1995.220
  3. CA SB60