CA · SUBLEASE-AGMT · Updated July 2026 · Free
California Sublease Agreement
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California at a glance: Landlord Consent: Required if specified in the master lease · Deposit Limit: 2 months' rent (unfurnished); 3 months' (furnished) · Deposit Return: 21 days after subtenant vacates
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Overview
Sublease Agreements in California
California subleases are governed by the California Civil Code. In California, a tenant cannot sublease a property without the landlord's written consent if the master lease contains a clause requiring it (which almost all standard leases do). Under California law, a subtenant has no direct legal relationship with the original landlord, but must comply with all rules of the master lease.
Key Facts
California Sublease Agreement — Quick Reference
| Requirement | California Rule |
|---|---|
| Landlord Consent | Required if specified in the master lease |
| Deposit Limit | 2 months' rent (unfurnished); 3 months' (furnished) |
| Deposit Return | 21 days after subtenant vacates |
| Notice to Terminate | 30 days' notice for month-to-month sublets |
Legal Requirements
California Legal Requirements
- Written consent of the original landlord must be obtained if required by the master lease.
- Security deposit limits must comply with California state caps (Cal. Civ. Code § 1950.5).
- Sublandlord must provide the subtenant with a copy of the master lease.
Governing Laws
California Governing Laws
Cal. Civ. Code § 1950.5
Security Deposits
Regulates the collection, holding, and return of security deposits (must be returned within 21 days).
Cal. Civ. Code § 1940 et seq.
Hiring of Real Property
Governs the general rights and responsibilities of landlords, tenants, and subtenants.
Read the full text of these laws at Cornell Law School's California legal resources or your state legislature's official website.
Questions & Answers
California Sublease Agreement — Frequently Asked Questions
Can a California landlord withhold consent to sublet?
If the lease says subletting requires consent, the landlord can generally refuse, but many leases state consent "shall not be unreasonably withheld." If the lease is silent, the tenant is free to sublease.
How long does a sublandlord have to return a security deposit in California?
The sublandlord must return the subtenant's security deposit within 21 days of the subtenant moving out, along with an itemized statement of any deductions.