Subletting in Los Angeles

Subletting in Los Angeles is legal, but make sure you follow all the right steps and get your landlord’s approval.
Written by R.E. Fulton
Reviewed by Melanie Reiff
background
It’s legal to sublet your Los Angeles apartment under
California
law, but you’ll probably need advance approval from your landlord. 
Life is full of surprises and unexpected journeys—especially in L.A. Some of those take you away from your apartment temporarily, leaving you in a bind: how can you avoid paying rent on an apartment you’re not using without breaking your lease or moving altogether? 
Subletting answers those tough questions, but in some places it’s hard to get approval to rent out your apartment to a new tenant. Home and
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broker app
Jerry
is here with the hard facts about subletting in Los Angeles: when you can do it, when you can’t, and how it all works. 
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Yes, it’s legal to sublet an apartment in Los Angeles. California state law doesn’t prohibit subletting, but here’s where things get tricky: the law does say that your landlord can prohibit subletting in your lease. 
Check your lease carefully before considering a sublet. If the lease bans subletting outright, you’re out of luck—any unauthorized sublet would give your landlord the right to evict you with just three days’ notice. 
If your lease does not ban subletting, most landlords will require a simple subletter approval process. 

Can my landlord reject my sublet tenant? 

Technically a landlord can reject your proposed sublet tenant—but this is where California law comes to your aid, as it says your landlord must accept any subletter you find unless: 
  • They have poor credit
  • They are unwilling or unable to provide necessary documentation
  • They pose a danger to others
  • They falsify information
As long as you’re able to find a subletter with the same income and credit score as you who isn’t likely to terrorize other residents, you should be set to go! 

How to sublet an apartment in Los Angeles

If you’ve never tried to sublet an apartment before, the process might seem intimidating, but it’s actually fairly straightforward. Just follow these steps, and you’ll be in business. 

Get the okay from your landlord

Your first step, of course, is to get your landlord’s permission to sublet your apartment. Make sure to do this well in advance of the date when you’ll be out of the apartment—at least two weeks is a good rule of thumb. 
Explain the reason that you’re subletting and ask if your landlord has any special requirements or restrictions that you should know about. Keep it formal but direct; you want your landlord to come away from the exchange confident that you’re going to find a qualified subtenant who won’t cause them to lose money. 

Find a subtenant

Once you’ve got the green light from your landlord, it’s time to find someone to sublet your home! You might have a friend in mind already, in which case you can skip to the next step. 
If you don’t yet have a subtenant lined up, it’s time to hit Craigslist! Post on websites like: 
Income and credit score are the most important factors when finding a subletter, but you should also specify the length of the sublet and any other requirements. 

Screen applicants’ background and income

In a rental market as hopping as L.A.’s, you’re sure to get a good crop of applicants quickly. You can screen out anyone whose income or credit score is lower than yours right away—if they’re less financially capable than you, your landlord can (and probably will) reject them
For everyone else, take a close look at their background and ask for documentation of their income (such as pay stubs)
A lot of third-party services offer formal background checks, but you can also turn to social media or ask for references. Remember, you’ll be legally and financially responsible for the subtenant, so you need to find a person you can trust! 

Create a sublease agreement and request approval in writing

Once you’ve settled on the perfect person to sublet, sit down with them (virtually or otherwise) and create a legal agreement that specifies: 
  • The start and end dates of the sublet 
  • The amount of rent they owe you each month
  • And procedures for both payment and nonpayment 
Both you and the subtenant should sign the agreement.
Send the sublease, the applicant’s documents, and a written request for approval to your landlord. Make sure that your request includes information about when the sublet will begin and end, as well as your reason for subletting. 

Continue paying rent

Congratulations! You’ve successfully sublet your apartment in Los Angeles. Keep in mind, though, that you are still responsible for paying rent
The difference is that you’re now receiving all or part of the rental amount from your subtenant. If anything goes wrong, or if they’re unable to make rent, you’ll be on the hook for the full amount. 
Key Takeaway: Make sure to document everything in writing at every step of the process, and you’ll be covered for any unexpected developments! 

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