Legal Question in Landlord & Tenant Law in California

liability in a sublet situation

We have a month to month situation

- no lease- we've been here for 12

years, and are going to be subletting

our unit (we have the downstairs of

a 2 family house) for a year. If

someone were to get hurt or there

was a catastrophe like a fire or

something, would we be responsible

or liable in any way?


Asked on 10/25/07, 5:30 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: liability in a sublet situation

The owner/landlord almost always carries fire insurance and liability insurance.

You can't get fire insurance, because you do not own the premises.

Liability insurance, to keep it simple, covers the holder of the policy for injuries caused by negligence, such as falling down defective steps, tripping over a hidden sprinkler, etc. You may be responsible to a subtenant,so you should make it clear in a written lease, that tenants (or sub-tenants) should carry their own renter's policy, and that defects in the premises would be covered by either the owner, or a renter's policy held by the sub=tenants.

Just to clarify, you DO have a lease, but it is oral, and not written. It is a contract, and oral contracts are just as binding as written ones, except, obviously, harder to prove.

Make it clear to sub-tenant, that you are not responsible, and you should have no problems. There are rare exceptions, but I do not have the time nor room to give you everything.

If you need more, feel free to e-mail, or call, my office.

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Answered on 10/25/07, 7:53 pm


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