Legal Question in Real Estate Law in California

Re: Residental subletting in California

Answered in previous post.

Re: Residental subletting in California

I answered the previous version of this question, and my answer there was different from the first answer here. I'm sticking to my guns; I still think the landlord must permit you to make a reasonable assignment or sublease. Furthermore, the fact that you had offered to bring in a qualified assignee and had been refused the opportunity to do that would likely be a bar to the landlord recovering any damages from you for your subsequent breach of the lease and move-out, since the landlord may not recover more damages for breach of lease than would have been sustained despite a reasonable effort to mitigate damages by sublease, assignment, finding a new tenant, etc.

The point that you remain liable even though you have assigned or subleased is well taken; I had meant to mention that, but forgot.

I emphasize that being very up-front with the landlord at all stages is a much better approach than revealing your intentions at the last minute, or not communicating at all.

Re: Residental subletting in California

Only if it is permitted within the lease document you signed. Usually most leases require landlord approval before the sublease is signed and the sublessee takes possession. Make sure you get the approval in writing, regardless of whether it is called for in the lease.

Two other things are also important. Be very careful who you sublease to because you remain liable for the rent and the condition of the premises at lease termination. Also, make sure some type of an arrangement is made about the security deposit that protects you.