A tenant in California State can sublease a residential property or a part thereof with the due permission of the original landlord as directed in the California Civil Code using California Sublease Agreement. Such subleasing is suitable for

  • Students
  • Professionals
  • Individuals with monetary constraints

The original landlord must approve such subleasing. In addition, the tenant must consider following prior to proceeding

  • The tenant may acquire rental application form from the subtenant.
  • The tenant must hand over the lead based paint disclosure and hazards pamphlet to the subtenant for a residential property constructed on or before the year 1978.
  • California law mandates a tenant to enclose Megan’s Law Disclosure.
  • The tenant is responsible for rent and security deposit collection as well as eviction of the tenant in case of nonpayment of the rent.
  • The tenant must prepare move in and move out checklist while subleasing.

Please enclose a copy of the original lease agreement between the landlord and tenant along with the sublease contract form. Notarization of signatures of the parties in the form is not necessary for its legal standing. Please know that this agreement is binding on all parties upon its execution and the sublease term cannot supersede the original lease term.

Steps to Prepare California Sublease Agreement

The contract form requires inputs from the original landlord, tenant, and subtenant. Therefore, it is ideal that all signing parties prepare the form together. Please download the form, fill in the required information, print, sign, and hand over one original contract form to each person signing this form. Inputs required are

  1. Date of execution of sublease agreement
  2. Name of the tenant
  3. Name of the subtenant
  4. Address of the property
  5. Section 1 – Description and address of the premises
  6. Section 2 – Lease term including dates of commencement and termination
  7. Section 3 – Rent amount and due date for remittance
  8. Section 5 – Security deposit amount
  9. Section 6 – Proposed use of the premises
  10. Section 7 – Name of the original landlord
  11. Section 10 – Name of broker and brokerage
  12. Section 13 – Name of the county of California State
  13. Place, date, address, print names, and signatures by subtenant, tenant, and the original landlord

California Sublease AgreementDownload California Sublease Agreement PDF

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