Legal Question in Landlord & Tenant Law in California

Can the tenant, as sub-lessor sublease without authorization of the landlord if in the master lease said the tenant can' not sublease. Can give the valid lease and evict later to subtenant without reason - the sublease is valid to evict in this case?


Asked on 7/16/10, 11:38 pm

1 Answer from Attorneys

Michael Devin Law Office of Michael Devin

Your question is not well-phrased, it is not clear whether this is a commercial tenancy or a residential tenancy, and whether rent control applies to this property. Assuming that this question relates to a residential tenancy, I will restate your question as I understand it. I understand you first to be asking whether if a master lease says the tenant cannot sublease, can the tenant sublease without the consent of the landlord, and give a valid lease to a subtenant; and second, whether the sublease gives the sub-landlord the right to evict the subtenant; and third, whether the sublease gives the master landlord the right to evict the tenant/sublandlord. If the master lease says the tenant cannot sublease, usually there will be language in the master lease which says "Tenant may not sublease without the consent of landlord, which consent will not be withheld unreasonably." You did not state whether the landlord's consent to the sublease was requested, or whether the sublease was a reasonable proposition for the landlord to consider. A sublease is not reasonable for the landlord unless the sublease is beneficial to the landlord. In any event, if the landlord's consent was not obtained, then the tenant is in violation of the lease terms by subleasing, the only question is whether a court might find that the landlord was unreasonable in withholding consent to the proposed sublease. The tenant is not able to give a valid sublease without the consent of the landlord, or without a court's ruling that the landlord unreasonably withheld consent to the proposed sublease. Assuming the terms of a valid sublease provide for termination on notice which complies with the law applicable to residential tenancies, then the tenant/sublandlord may evict without reason, provided that local rent control laws (if any apply) do not restrict the rights of the landlord/sublandlord to evict without cause. Assuming the sublease is valid (obtained with the consent of the landlord) then the fact that a sublease was signed is not cause for eviction, if the sublease is not valid (no consent of the landlord) then the signing of a sublease is a violation of the master lease and provides justification for termination of the tenant/sublandlord's lease.

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Answered on 7/18/10, 9:05 am


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