Legal Question in Real Estate Law in California
Subleasing in CA
Following up on your question about subleasing, my lease states ''The premises shall not be occupied by more than the maximum number of ''Agreement occupants...'', nor by any person other than the Named Renter without the advance written consent of the Owner. Renter's right to possession shall not be assigned nor sublet.''
I was thinking that the first line meant I COULD sublet with consent of the landlord. But does that last line mean that I cannot?
4 Answers from Attorneys
Re: Subleasing in CA
You can sublet with the consent of the landlord. That's for sure.
What is uncertain is whether the landlord can withhold consent to a reasonable subletting proposal. This is covered by statute in the case of commercial leases (see Civil Code sections 1995.010 et seq., especially 1995.230) - a commercial lease can absoutely prohibit assignment and subletting. The question of whether assignment and subletting can be forbidden in a residential lease is not covered by statute, but courts generally will hold that if a residential tenant presents a well-thought-out and reasonable sublease proposal to the landlord, the landlord may not refuse to allow it.
Therefore, most residential leases say something like, "Tenant may not assign or sublet without landlord's prior written consent, which shall not be unreasonably delayed or refused."
Re: Subleasing in CA
The frst sounds like the landlord will allow other people to live there, but not as a sublet.
There are varying interpretations to this, as it is probably a form document that you did not have the opportunity to bargain for, however, my first guess is that the landlord will allow others to occupy the space, other thnthose on the rental agreement, with written consent.
Now taking in a boarder may or may not be considered a sublet, it depends on what your plans are. Do you intend to remain in the preesis or allow someone else to take over the lease completely? If taking it over completely, then this is definately subletting and probably not allowed. If taking in a boarder, then you my just need the landlord's written approval to allow this person to occupy the premises.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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