Legal Question in Real Estate Law in California

My rental agreement (with a large property management company) states that subletting is prohibited. However, when I mentioned this to a friend who is an attorney (not in rental law), he thought that might not be allowed in California. What's the policy on this?


Asked on 9/06/10, 10:25 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I believe the last time I researched this, there was no statute one way or another on this in California, and the appellate courts had not ruled whether a residential lease can forbid subletting upon a reasonable request.

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Answered on 9/12/10, 1:05 pm
Anthony Roach Law Office of Anthony A. Roach

If you rental agreement contain a provision prohibiting a tenant from subleasing, you have to obtain your landlord's permission before you sublease or assign the unit.

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Answered on 9/12/10, 3:18 pm
Terry A. Nelson Nelson & Lawless

Read your lease, it is your contract that controls. Whatever you agreed to in terms apply.

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Answered on 9/13/10, 4:20 pm


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