Legal Question in Landlord & Tenant Law in California

Renting out a room in a leased home

I currently have a term lease on a single family home. I wanted to rent out one of the rooms for a little extra money. The lease indicates that ''No other persons may occupy the premises without the express written consent of the landlord obtained in advance.'' It also states, ''The tenant may not assign or sublet the whole or any part of the premises rented to him here under.'' I want to know what I need from the landlord. Will and email approval work? Do I need a physical signature? Is there a legal form to allow this? Also, should I use a standard lease agreement or sublease agreement if it is only for the rental of one room?

Thank you for your time.


Asked on 4/18/08, 10:29 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Renting out a room in a leased home

You need to have an addendum, and not e-mail.

You need to rewrite the specific provisions, and both you and the landlord sign.

You need to retain an attorney to prepare this, or do it yourself. This will be a sublease. There are standard sublease forms, but you need to change the old lease by the writing in your new contract.

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Answered on 4/20/08, 9:56 pm


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