There are a variety of reasons why your tenant may ask to sub-lease in Los Angeles. Some landlords are fine with it, while others are not. Learn more about the process in our latest post!
Sublets in Los Angeles can work out just fine so long as the tenant has received the permission of the landlord in writing to avoid any misunderstanding. All contracts need to be comprehensive so that all parties are aware of their roles. When your tenant sublets to someone else, they are entering into a new agreement, however, their lease with you, the landlord, is still in effect. With a third party entering into the arrangement, it’s important state that the original contract supercedes the rest, and also, that the original lessor is reponsible for any repurcussions that risk the original lease.
Subletting arrangements can be successful if the original tenant finds a subletter who can abide by the expectations set forth in the lease agreement. Taking the necessary precautions will ensure your rental property remains a healthy investment.
Is Sub-Leasing Legal?
Before you agree to let your tenant sublease the property to someone else, you will need to make sure you are operating by all rules, regulations, and bylaws of your community. You don’t want to find yourself penalized or fined for letting your tenant rent the property to someone else on your behalf. Once you have researched this, you can take the next step to letting your tenant sub-lease the property out to someone else.
A California sublease agreement allows you (the tenant) to rent out all or a portion of the property you’re renting to another person who wasn’t a part of the original lease. In California, subletting is only legal if you have your landlord’s written consent.
Your tenant will need to have permission from you as the landlord to legally sublet the property. However, there are some cities that allow tenants to sublet under certain circumstances, even if the lease forbids it. As the landlord, you will want to make sure you know what the specific rules are in your Los Angeles, so that you
Is subletting legal in Los Angeles? Yes, it’s legal to sublet an apartment in Los Angeles. California state law doesn’t prohibit subletting, but here’s where things get tricky: the law does say that a landlord can prohibit subletting in a lease. Check your leases for each tenant carefully before considering a sublet.
Proper Contracts To Avoid Misunderstanding
When you are letting the tenant sublease the property in Los Angeles, you’ll need to make sure all contracts are filled out accurately and legally. The contract needs to be written to eliminate your liability should something go wrong. You will want to protect yourself in this situation at all costs.
Make sure to have all of the specifics worked out ahead of time. Discuss it both the basics of payment schedule, as well as some nuances of what’s expected from the tenant. Who will the sublettor send the rent check to? How will utilities be handled? There are a number of things that should be in writing before someone new moves in. In addition, it’s important to spell out what is and isn’t allowed for the sub-letter.
Without the agreement in writing that subletting is permitted, a Los Angeles landlord can evict a tenant for subletting, simply due to violation of the lease agreement.
Responsibility with Sub-letting in Los Angeles
With subletting, there is an added layer of responsibility. Even if the landlord allows subletting in a lease with the original tenant, it needs to be made very clear that if the person subletting the house doesn’t pay rent, the original tenant is still on the hook. They are ultimately responsible for fulfilling their role in the lease you have with them. If rent isn’t paid, if the property is damaged, or if the person subletting skips town, they will need to pay the rent and fix the property per the original lease agreement. Ultimately, state in writing that the accountability sits with the original tenant.
Advertising
If your tenant is advertising the house for sale on their own you’ll want to make sure that they are abiding by all fair housing laws. By not doing so, they can put you at risk of violating the law. If you allow them to advertise, make sure that you review what they are saying to make sure everything is done legally.
California fair housing law protects renters and homebuyers from discrimination and harassment because of race, color, religion, national origin, ancestry, disability, sex, gender, gender identity, gender expression, sexual orientation, source of income, marital status, familial status, genetic information, age, immigration status, …
Tenant Screening When Sub-Letting in Los Angeles
Will the tenant be doing all the screening or will you as the landlord want to be involved in the process? You should set specific criteria so that your tenant doesn’t end up subletting to someone who will be a nuisance. The person moving in needs to be responsible and able to pay the rent on time each month. Encourage your tenant to collect a deposit to help cover the loss should anything go wrong with the living arrangement. In additon, spell out rules in regards to guests, pets, and property damage.
- May the subletter have overnight guests?
- What are the maximum number of overnight guests allowed for the subletter?
- What are the maximum number of nights per month allowed for subletting?
- May the subletter have pets? If so, what is the allowable size?
Allowing your tenant Los Angeles to sublet the property can be beneficial in many ways. Let’s say you have a great long-term tenant who has taken a position elsewhere for 6 months. Having them sublet the property to someone else is better than a vacant house or having to battle them over a broken lease. When the right subletters move in, the arrangement can beneficial for everyone involved. A short-term renter will find housing, your tenant will be able to return to the house when they are ready, and you will continue to collect your rent check each month.
Example of Subletting in Los Angeles
Westwood is a city in Los Angeles County where UCLA college students reside in off campus housing. Subleasing is popular among students leaving Westwood for the summer, but some have said they find challenges in doing so. Rather than paying rent for a vacant room when going home for the summer, students often look for other students to sublet their apartment spaces. Some students said that subletting allows them to save a portion of their rental expenses and alleviates the inconvenience of maintaining a lease while being elsewhere. Sienna Janes, a second-year public affairs and sociology student, said she is subletting her apartment because she wants to avoid wasting money on rent when she won’t be in the area. “If you’re able to (sublet), you absolutely should,” Janes said. “It seems a little ridiculous to me to let a lease that you’re not using waste away.” However, others – including landlords – cited its challenges, including restrictions and the need for proactive advertising. While tenants are legally allowed to sublet a property in California, landlords can restrict them from doing so, according to California civil code.