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A sublease agreement is a legal document that outlines the terms and conditions of a sublease arrangement between a sublessor and a subtenant. It serves as a binding contract that protects the rights and responsibilities of both parties involved.
Did you know that one in ten tenants admit to illegally subletting their rental property*? The practice is even more common among young people; in a recent survey, 25% of tenants aged 18 to 24 confessed to secretly subletting all or part of their rental.
Under California law, unless the lease specifically prohibits subletting, tenants may have the right to sublease their rental unit. In this case, you would not be able to unreasonably withhold consent.
The reason Landlords will not allow their tenants to sublet is because, by subletting you are altering the terms of the insurance policy the insurer accepted when they offered the landlord an insurance premium for coverage.
In a subletting agreement, the rental lease with the original tenant is terminated. The tenant no longer has to pay rent or follow the terms of their initial lease. In a sublease contract, the original lease still exists. The original tenant must continue paying rent and fulfilling all the terms until the lease ends.
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A potentially devastating detriment to a sublease is its subject to the original tenant not defaulting. You could be compliant with your sublease and receive notice your lease is terminated because the original tenant defaulted. You could be subject to the landlords new terms or be forced to vacate.

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