Legal Question in Landlord & Tenant Law in California

Re: Handwritten renal agreements

Yes, lease agreements (which include sub-leases) can be oral, written or typed. I have a few words of caution, however. First, do you have your landlord's consent to sub-let. If you do not, sub-letting could be a breach of your lease. Second, a form lease (a good form lease) is a better option than a handwritten agreement. Primarily because the form lease will contain necessary provisions, such as attorneys fees clauses, etc... Finally, make sure that you have properly screened this person - if they default, you are still liable to the landlord for their defaults, including failure to pay rent, damage to the property, etc... and it gets that much harder to collect for those damages when you are sub-letting to someone whom you have not screened sufficiently to ensure they have the means to make you whole. I cannot recall a time in the 16 years that I have practised law where I saw a sub-lease in a residential context that was a good idea. I generally only see them after they have gone horribly wrong. Think long and hard before you do this.

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