How to Sublease Your Apartment

Subleasing, also called subletting, is when a tenant moves out of their property for a limited or permanent amount of time and finds a sublessee/subtenant to take over the rent during their absence. This typically involves a subleasing agreement approved by your landlord and signed by the sublessee.

Although some people distinguish between subleasing and subletting, they are colloquially considered to mean the same thing and can be used interchangeably. It’s a good idea to get familiar with the subleasing laws in every state.

Subleasing in the United States, and in California

Subleasing is legal in the United States, unless there is a clause in the lease that specifically prohibits it. However, if the state allows subleasing, these state laws can override the landlord’s denial of the subleasing request.  Other issues that could come up when you are trying to sublease include: 

1. Subleasing could be illegal in your city or state.

2. The lease could specifically prohibit subleasing. 

3. The sublessee could stop paying rent.

4. The sublessee could damage or destroy leased property. 

5. The sublessee’s damages could cost more than the security deposit. 

6. Multiple people could try to sublease one room.

While subleasing is not illegal in California, landlords can legally prevent their tenants from subletting a property by stating so in the lease. However, some California cities are more permissible when it comes to subletting. Read your lease to see what is required based on where in California you live. Although only some leases require tenants to get consent from landlords, you should always get permission from your landlord, and get this permission in writing, so there is a record.

What is a sublease agreement?

The sublease agreement is the contract that you (the tenant) make to establish a relationship between yourself and the subtenant. These contracts are useful to make sure that the subtenant agrees to and has signed off on the (1) amount of rent they’ll be paying, (2) when they’ll pay the rent, (3) terms and conditions of the original lease, (4) start and end dates of the sublease, and (5) acknowledgement of the sublease by the landlord.

There are many pros to subleasing your apartment, as it gives you freedom to move without breaking your lease and the ability to save money. However, if you sublet with a bad sublessee, they could get you evicted, refuse to pay rent, or leave you with thousands of dollars in repairs.

How does subleasing work?

If you are planning on subleasing your apartment, you’ll want to generally follow these steps:

1. Read your lease and make sure your landlord has not specifically forbidden subleasing. 

2. Let your landlord know you are looking for a sublessee and see if they have any specific requests or requirements. 

3. Write down these requirements and requests and create a list of qualifiers for the sublessees you are screening. 

4. Find a sublessee, and ask them for their rent history, credit score, and a security deposit (so that if they damage the apartment, you won’t be on the hook for it).

5. Create a subleasing agreement — ensure it is on paper, and that it details responsibilities, payments, emergencies, and potential consequences if contract rules are broken.

6. Get signatures from your landlord and the sublessee.

Once you get your subtenant approved by your landlord, create a written sublease agreement for them to sign. Include dates of the sublease, the condition of any furniture or other personal property in the unit and information about additional utility, electricity, and Wi-Fi payments. Also make sure the subtenant has read the original lease, and have them sign the original lease, too, since they must abide by both the regulations of the sublease and the original lease. 

If your subtenant breaks any rules of the lease, it is up to you to hold them responsible. You (the tenant) must still pay lease to the landlord. Usually the subtenant will pay you, and then you will pay the landlord. But even if the subtenant skips out on payments, you still have to pay rent; otherwise, you could get evicted.

Landlords can only deny subleasing (when it is not explicitly forbidden in the lease) if they have a “good faith reasonable objection” such as the proposed subtenant is not in good financial standing or will not abide by the terms of the original lease (e.g. by bringing a pet or smoking). If your landlord does not like the proposed subtenant personally, this is not a good faith reasonable objection.

Subleasing in Los Angeles

Unfortunately, California is not known for casual subleasing laws, and Los Angeles is just the same. If the lease in LA says no subletting, then you are not allowed to. That being said, there is a California law called “duty to mitigate” – which means that even if your landlord is against subletting, they are still legally required to get the rent covered any way possible. So, if you will not be there and you have a qualified subtenant who can take over, then per Civil Code 1951.2 your landlord has to accept the subtenant to avoid damages caused by lost rent.

If you are living in LA, these are the steps to follow when subleasing your apartment:

1. Look at your lease and specifically look for the clause “assignments and sublets.” 

2. Contact your landlord, tell them you have to leave and that you’ll be finding a suitable replacement, and then ask what specific requirements they have.

3. Find someone your landlord approves of, and who is financially qualified, or as financially qualified as you. This could mean asking for their credit score, income, or rent history. If you find someone who is similar to you this will make it more likely that they will be accepted by your landlord.

4. Draft a sublease agreement for you and the subtenant to sign. 

5.  Send a formal letter to the landlord and request subleasing for their approval. This should include the subtenant’s name, application, start and end dates, home address, financial details, rent history, and a recommendation. You will also need to include your reason for subletting, and your new address, the consent of anyone who currently lives with you and won’t be moving out, and a copy of the sublease agreement that you will sign with the subtenant. 

6. Sign the sublease with the subtenant. 

7. Collect a security deposit or the first month of rent from the proposed subtenant. This will protect you against lost rent and damages that could be incurred while your tenant is living in your apartment. 

How can lawyers help?

At Tenants Law Firm, we are dedicated to helping you through transitions just like this one. If you are considering subleasing your apartment and need some assistance, the lawyers at Tenants Law Firm can help you (1) draft or review a proposed sublease agreement to ensure you are protected if the sublessee causes damages or skips out on rent payments, (2) see what options are available if your landlord has outlawed subleasing on the lease itself but it is still legal in your state, (3) work with both parties to get documents signed, and (4) ensure everything within the sublease agreement meets Los Angeles, California, and United States laws.

If you are interested, please contact Tenants Law Firm in Los Angeles, California using this form here. We are ready to fight for your rights and help you create a contract that protects you no matter the circumstances.