Legal Question in Real Estate Law in California

Re: Sublet in California

Yes, it is considered subletting.

Your lease will state whether you are required to give the landlord prior notice. and whether failure to do so is considered a material breach considered in breach per that agreement.

Re: Sublet in California

[SORRY FOR THE "TYPO" IN MY PREVIOUS MESSAGE.]

Yes, it is considered subletting.

Your lease will state whether you are required to give the landlord prior notice. and whether failure to do so is considered a material breach per that agreement.

Re: Sublet in California

Your sister would, of course, be the one doing the assignment or sublease, since she would be the one giving up her right of possession. It is an assignment if she gives up her right of possession to the new person for the entire remainder of the lease, and subletting if it is a partial transfer and she would be able to move back in later in the term of the prime lease. In either case, your sister becomes a landlord, but remains liable on the original lease to the "main" landlord.

Most residential leases will cover the subject of assignment and subletting. Look for the provisions in your lease and see what it says. A typical clause will say that "the tenants agree not to assign or sublet the premises without landlord's prior approval, which approval shall not unreasonably be delayed or withheld."

California law is fuzzy on whether a total restriction on assignment and subletting would be valid and enforceable, or whether it would be considered an unreasonable restriction on the right of alienation. Case law and a major treatise on California real estate (Miller & Starr) lean toward the view that a landlord-written lease totally denying the tenant the right to assign or sublet would not be enforced.

It is, however, good form for the tenant to ask permission, and for the landlord to be reasonable in deciding to grant it with respect to a particular subtenant/assignee, or not.

Re: Sublet in California

I depends upon the terms of your lease agreement. Even if it is a sublet, you do not need the landlord's consent unless the lease agreement provides for that.