The California Sub-Lease Agreement is generally used when a Tenant holding a lease with a Landlord needs to rent out the property or a significant portion of the property being leased. This type of arrangement will place the original tenant in the position of being responsible to two separate parties and two separate contracts as two different roles.
One contract (sub-lease) will require the original Tenant (or Sub-lessor) to act as a Landlord, fulfilling all the legal obligations of a Landlord. The other contract (main lease with property owner) will require the Sub-Lessor to also live up to the Tenant responsibilities as defined by the lease they hold with his/her Landlord.
It is worthy to note, the Sub-Lessor will have no course but to initially absorb or correct any penalties or breaches of contract caused to the original Landlord as a result of the sublease agreement. For instance, if the Sub-Lessor has a Tenant (Sub-Lessee) who suddenly abandons the property, he or she must still pay the Landlord the required rent then pursue the Sub-Lessee independently. However, a Sub-Lessor who has done their research and has a responsible Landlord and Sub-lessee may truly benefit from such an arrangement (depending upon the specifics of the situation). Similarly, a Sub-Lessee and a Landlord often benefit should everyone adhere to their part in the contract they have signed.
How to Write
Step 1 – The first paragraph should have the following information entered accurately: the full name of the sub-lessee, the street address of the sub-lessor, the full name of the sub-lessee, and the address of the sub-lessee.
Step 2 – In the second paragraph enter the street address of the property being leased as well as the city.
Step 3 – In Item 1, check the box that best describes this type of sublease. If it is a Fixed Sublease, enter the date it shall go into effect and the date it shall terminate. If it is a Month-to-Month Sublease or a Week-to-Week Sublease, enter the start date of the sublease and the number of days’ notice required to terminate the lease.
Step 4 – List all the utilities a sub-lessee will not be responsible for maintain in Item II.
Step 5 – In Item IV, enter the dollar amount of the security deposit and the number of days within the tenant’s move-out date in which the landlord must provide an explanation for retaining any portion of the security deposit.
Step 6 – In some instances, additional agreements have been made between the sub-lessor and sub-lessee that are specific to their situation and not necessarily covered on a standard sublease agreement. If this is the case, enter the specifics of any such agreements in section VIII. It should be noted that any agreement made between a sub-lessor and sub-lessee must be legal.
Step 7 – If the sublease will be considered binding check the first box in Item XIII. If not, then check the second box. This section will require consultation from the landlord.
Step 8 – The bottom of the page will contain the final section, “Date & Signature,” will require the date of the agreement, the signature and printed name of the sub-lessor and sub-lessee. Below this, a witness may sign and print his/her name. Below this is an area for a Parent/Guardian’s signature and printed name. Finally the landlord will give consent by signing and printing his/her name. The original lease should be attached. There will be space beneath the landlord’s name to initial a verification of the authenticity of the attached original list as well as an attached move-in inventory checklist.