Committed To Your

  1. Home
  2.  — 
  3. Risk Management
  4.  — Subletting could be a lease violation

Subletting could be a lease violation

On Behalf of | May 30, 2022 | Risk Management

You may have a tenant who lives in a multi-bedroom apartment. This tenant may think it’s easiest if they sublet the extra rooms to help pay their rent and save on money. If they can sublet each extra room for half as much as their rent then they’ll be coming out on top.

What if, however, you’re not so keen on the idea of your tenants subletting?

Subletting can make many tenants’ lives easier, but subletting can make the job of a landlord or management company a lot harder. But, is subletting actually a violation of your rights as a landlord? Can you forbid it? Here’s what you should know.

Subletting isn’t always legal

A lease agreement may or may not include explicit rules on subletting an apartment. California laws prohibit subletting only if the lease is clear that the tenant can not sublet. On the other hand, a tenant may be within their rights to sublet if their lease doesn’t say anything specifically barring subletting. 

It’s rare for a landlord to not allow a current tenant to sublet their apartment. Some landlords want to make it easy for their tenants to pay rent. However, this does not mean that you are entirely without options. As a landlord, you’re entitled to raise the rent up to 10% for each additional occupant, and you can still require a background check on the new renters. That gives you some security and helps protect your property values.

A good lease is the key to avoiding unnecessary disputes with your tenants. Experienced legal guidance can help you draft leases that are customized to your needs.