California Sublease Agreement Template

A California sublease agreement is a contract between a tenant (sublessor) and a subtenant for renting a residential space. While the subtenant signs a new agreement with the tenant, they must still follow the landlord’s original lease rules.

Last updated February 8th, 2025

A California sublease agreement is a contract between a tenant (sublessor) and a subtenant for renting a residential space. While the subtenant signs a new agreement with the tenant, they must still follow the landlord’s original lease rules.

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Right to Sublet

A tenant can sublet the rental property unless the lease explicitly forbids it to. [1]

If subletting is restricted, the tenant must get the landlord’s permission using a Landlord Consent Form.

Unclear or “Ambiguous” Language

It will be ruled in Tenants favor if there the lease is unclear on subletting rules. [2]

Short-Term (Lodgings) Tax

  • Tenants must pay the Transient Occupancy Tax (TOT) if they sublet a property for less than 30 days. [3]
  • This tax is collected by cities and counties (not the state).
  • The California State Controller provides TOT data.


Sample California Sublease Agreement Template