Can a tenant sublet in California?

Most California leases require written landlord consent before a sublease. A subtenant does not replace the original tenant on the master lease. The original tenant usually stays liable for rent and damage unless the landlord releases them in writing.

What is the difference between a sublease and an assignment?

A sublease gives a new person possession for part of the term while the original tenant remains on the lease. An assignment transfers the tenant’s entire remaining interest. Both typically need landlord approval.

Does a sublease change the master lease?

No. The sublease is between the tenant and subtenant. The landlord’s deposit-return clock (21 days in California) and habitability duties still run against the landlord and original tenant.

California · Sublease · Free to generate and download

California Sublease Agreement

In California, a tenant usually cannot sublet without the landlord’s consent if the master lease restricts assignment. A sublease does not release the original tenant from the master lease. Get written consent, or you are stacking a default on top of a new occupancy.

The original tenant remains liable to the landlord under the master lease.
The subtenant’s rights cannot exceed the original tenant’s remaining term.
Required California disclosures still belong in the sublease package.
On Review, download a free move-in packet: this document, a condition checklist, and selected addenda in one PDF.

California disclosure checklist

Last reviewed 2026-08-15. Confirm current statutes before you rely on this list.

Megan’s Law database noticeRequired
Every residential lease must include the statutory notice pointing tenants to meganslaw.ca.gov. The wording is prescribed and should not be paraphrased.
Civ. Code § 2079.10a
Bed bug informationRequired
Provide written information on bed bug identification, behavior, and how to report a suspected infestation before the tenancy begins.
Civ. Code § 1954.603
Smoking policyRequired
Disclose whether smoking is allowed on the property and in which areas, if any.
Civ. Code § 1947.5
AB 1482 / Tenant Protection Act noticeRequired
State whether the tenancy is covered by statewide rent-cap and just-cause rules, or quote the statutory exemption language if you claim an exemption.
Civ. Code §§ 1946.2, 1947.12
Lead-based paint (pre-1978)If it applies
For housing built before 1978, give the federal lead pamphlet, disclose known hazards, and get a signed acknowledgment. This generator includes the lease clause; you still must deliver the EPA pamphlet.
42 U.S.C. § 4852d; 24 CFR Part 35
Flood hazard disclosureIf it applies
Disclose if the owner has actual knowledge that the property is in a special flood hazard area or an area of potential flooding.
Gov. Code § 8589.45
Mold disclosureIf it applies
Disclose visible mold that exceeds a de minimis amount if the landlord knows of it and it is not already obvious.
Health & Safety Code § 26147
Death on the propertyIf it applies
No affirmative duty to disclose a death that occurred more than three years earlier. Deaths within three years should be disclosed if asked, and many landlords disclose them anyway.
Civ. Code § 1710.2

Deposit rule of thumb

Most California landlords may collect no more than one month’s rent as a security deposit, furnished or not. A qualifying small landlord (a natural person, or an LLC owned only by natural persons, with no more than two rental properties totaling four or fewer units) may collect up to two months’ rent unless the tenant is a service member, who stays at one month. Unused deposit must generally be returned within 21 days after the tenant vacates.

Cal. Civ. Code § 1950.5 (AB 12, effective July 1, 2024)

Except in an emergency, landlords generally must give reasonable written notice before entry. 24 hours is presumed reasonable (Civ. Code § 1954).

For a month-to-month tenancy, 30 days’ written notice is typical if the tenant has lived in the unit less than one year; 60 days if one year or more (Civ. Code § 1946.1). Local just-cause ordinances and statewide AB 1482 can require a lawful reason to terminate.

LeaseGen.io is not a law firm. These notes are educational summaries, not advice.

Frequently asked questions

Plain-language answers about California sublease papers. LeaseGen.io is not a law firm. Confirm current statutes before anyone signs.

Can a tenant sublet in California?: Most California leases require written landlord consent before a sublease. A subtenant does not replace the original tenant on the master lease. The original tenant usually stays liable for rent and damage unless the landlord releases them in writing.
What is the difference between a sublease and an assignment?: A sublease gives a new person possession for part of the term while the original tenant remains on the lease. An assignment transfers the tenant’s entire remaining interest. Both typically need landlord approval.
Does a sublease change the master lease?: No. The sublease is between the tenant and subtenant. The landlord’s deposit-return clock (21 days in California) and habitability duties still run against the landlord and original tenant.

California Sublease Agreement

Related California documents

Frequently asked questions