Subletting Your Apartment in California

1. When Subletting Is Allowed

The very first checkpoint in any sublet plan is verifying that your lease—or local ordinance—permits it. Under Civil Code § 1995.210, a landlord can require written consent before a tenant assigns or sublets. If your lease is silent, courts generally default to allowing sublets as long as the tenant provides reasonable notice and the new occupant meets the landlord’s standard screening criteria. That said, some rent-controlled jurisdictions, such as San Francisco’s Administrative Code § 37.9, overlay additional limitations, including occupancy maximums and buy-out disclosures.

Scenario: a student lands a summer internship in New York and wants to sublet for three months. If the lease bans subletting outright, the landlord can refuse. But if the clause merely says “written consent required,” the landlord must respond in good faith; otherwise, refusal may be deemed unreasonable under the line of cases interpreting California subletting laws. Always review the exact language, then cross-reference any city ordinances and HOA rules. A quick phone call to your local rent board can save weeks of back-and-forth.

Tip: print or screenshot the relevant lease clause and city ordinance before emailing your request. It can curb disputes later and proves you did your homework on California subletting laws.

2. Required Landlord Consent

Even when a lease permits subletting, written consent is the standard. Send a polite, certified-mail letter identifying the proposed subtenant, term, and confirming that rent and utilities remain unchanged. Attach a copy of the applicant’s credit report, job offer, and references to demonstrate due diligence. Civil Code § 1995.240 suggests that a landlord who fails to respond within a “reasonable time”—commonly interpreted as 14 days—may be deemed to have granted consent. To keep negotiations smooth:

• Request confirmation in writing, not verbal.
• Offer to facilitate a background check at your expense.
• Include a target response date in your letter.
• Keep records of every email and delivery receipt.

What if the landlord doesn’t reply in 14 days?
Send a follow-up certified letter stating that silence will be treated as consent pursuant to Civil Code § 1995.280. Wait another seven days, then proceed cautiously—preferably with legal advice or a written waiver.

Need phrasing inspiration? Visit our forms-templates library for a sample consent request you can adapt in minutes.

3. Drafting a Written Sublease

A handshake won’t cut it. Your sublease should mirror the master lease and include:

• Parties – legal names of original tenant(s), landlord, and subtenant.
• Term – exact start & end dates, plus any renewal option.
• Rent & Utilities – monthly amount, due date, late-fee policy, and who pays what utilities.
• Security Deposit – amount, holder, and return timetable (see Section 6).
• Move-In Checklist – attach or reference our checklist.
• Copy of Master Lease – incorporate by reference so subtenant knows all rules.

To save you time, scroll down to our free Sublease Clause Generator. Plug in dates and rent, then copy the clause straight into your agreement.

4. Rent Cap Compliance

The statewide Tenant Protection Act (AB 1482) doesn’t evaporate when you sublet. The cap—5 percent plus local CPI, never exceeding 10 percent—follows the unit, not the occupant. Say you pay $2,000; the legal max for 2025 is $2,160 if CPI is 3 percent. Charging a subtenant $2,500 breaches the law and could trigger treble damages. Local ordinances may be tighter: Los Angeles Rent Stabilization Ordinance currently limits increases to 3 percent. Check our rent-control overview for city-specific caps.

When drafting your sublease, add a clause confirming that rent shall not exceed applicable statutory limits. If CPI changes mid-sublease, you can adjust on the anniversary date, provided you follow notice rules—at least 30 days for increases under 10 percent. The rent-increase calculator will crunch the math for you.

Pro tip: keep a printed copy of the CPI report in your lease file. If challenged, you can prove the increase was legal and calculated correctly under AB 1482.

5. Screening Your Subtenant

You remain liable for unpaid rent and damage, so vetting your subtenant is critical. Fair Housing rules still apply—no blanket bans on voucher holders or families with children. A balanced screening checklist:

1. Run a credit report or soft-pull service.
2. Verify employment or income triple the rent.
3. Call at least two landlord references.
4. Confirm identity with government ID.
5. Discuss house rules in advance—pets, guests, smoking.

5 Smart Questions for References

Remember: discrimination laws are strict. Review our fair-housing guide before finalizing criteria.

6. Handling the Security Deposit

Under Civil Code § 1950.5, the landlord may hold only one security deposit per unit at a time. You have two main models:

• Keep Existing Deposit – Subtenant pays you a deposit, but you remain responsible for any damage when the master lease ends.
• Transfer Deposit – Landlord refunds you and collects a new deposit from the subtenant (rare but safest for the outgoing tenant).

Either way, spell out in writing who holds the funds and how deductions will be handled. Over-collecting is illegal—the cap remains two months’ rent for unfurnished units. Learn more in our deposit guide.

Make sure your sublease states that any deductions require an itemized security deposit deduction letter. You can adapt our itemized deduction template.

7. Ending the Sublease

When the sublease term ends—or the master lease terminates—serve written notice. For month-to-month subleases, the original rules apply: 30-day notice if occupancy is under one year, 60-day notice if longer. Use our Notice to Vacate tool to auto-calculate dates. If the subtenant refuses to leave, you must follow the regular eviction process, beginning with a 3-Day Notice to Quit for holdover. Visit eviction process for the full timeline.

Always perform a joint move-out inspection, photograph the unit, and sign off on condition. If you collected a separate deposit, return any balance within 21 days. When the landlord holds the deposit, remind them in writing to mail the refund to the subtenant’s forwarding address.

Finishing touch: file away all notices, photos, and receipts for four years—the statute of limitations on written contracts in California.

Related Guides: Rent Control • Security Deposits • Roommate Rights