Details
Subletting laws in California start with your lease, not a statute. The state has no general rule that gives tenants a right to sublet, but several code sections decide what happens when a sublet breaks the lease or pushes rent over the cap: Civil Code 1946.2, Code of Civil Procedure 1161 and Civil Code 1947.12. The California just cause eviction guide explains the eviction framework these rules plug into.
Quick answer: Yes, if your lease allows it — in California, whether you can sublet is mainly a question of what your lease says. Subletting in violation of the lease is an at-fault just cause for eviction (Civil Code 1946.2(b)(1)(G)) and a ground for a three-day notice to quit (CCP 1161(4)). Where the AB 1482 rent cap applies, a sublease cannot bring in total rent above the allowed rate (Civil Code 1947.12(c)).
What your lease says comes first
Most written leases address subletting directly. Common versions include a flat ban, a requirement of the landlord’s prior written consent, or silence. Read the clause before you advertise the room or the unit, and if consent is required, get it in writing, naming the subtenant and the dates. A later dispute over whether the landlord “said it was fine” is hard to win without a document.
One point is written into the rent cap statute itself: 1947.12(c) says nothing in that subdivision “authorizes a tenant to sublet or assign the tenant’s interest where otherwise prohibited.” The cap limits what a permitted sublet can charge; it does not create a right to sublet.
What happens if you sublet in violation of the lease
An unauthorized sublet exposes the tenant on the lease to eviction on two tracks:
| Rule | What it says |
|---|---|
| Civil Code 1946.2(b)(1)(G) | “Assigning or subletting the premises in violation of the tenant’s lease” is an at-fault just cause, so it can be used even after the tenant has just cause protection. |
| CCP 1161(4) | A tenant or subtenant who assigns or sublets contrary to the lease “thereby terminates the lease,” and the landlord may serve a three-day notice to quit on the persons in possession. |
A notice to quit under 1161(4) is not a notice to fix the problem; it asks the occupants to leave. That is why it pays to deal with the consent question before anyone moves in. The eviction timeline guide shows what follows if a tenant does not leave after a notice.
The subletting rent limit under AB 1482
For units covered by the statewide rent cap, Civil Code 1947.12(c) says a tenant “shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate.” In practice, a covered tenant cannot profit from the cap by subletting at market rent.
Say you pay $2,500 a month for a covered apartment and plan to sublet the whole unit for three summer months while you travel. Charging the subtenant $3,000 a month would produce total rent above the $2,500 the landlord is allowed to charge, which 1947.12(c) bars. Charging $2,500 or less would not. If the unit is exempt from AB 1482, this subdivision does not apply, though local rent laws might. The rent cap exemption guide helps you check.
Subletting vs adding a roommate
Subletting part of a unit to a roommate and adding that person to the lease are different moves with different consequences:
- A subtenant has an agreement with you, not the landlord. You stay responsible for the full rent and for any damage.
- A new co-tenant on the lease has a direct relationship with the landlord. Under 1946.2(a), adding an adult tenant before an existing tenant reaches 24 months means just cause protection applies only once all tenants have 12 months or one tenant has 24 months.
The guide to roommate rights when you’re not on the lease covers the roommate side, including the lodger rule in Civil Code 1946.5 for a single roomer in an owner’s home.
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What a written sublease should include
If the lease allows subletting, or the landlord consents, a written sublease protects both you and the subtenant. It usually covers:
- the start and end dates, and whether the subtenant can stay past the master lease;
- the monthly rent, how it is paid and when, within any 1947.12(c) limit;
- any deposit the subtenant pays you, and when and how you will return it;
- which rooms and shared spaces the subtenant can use;
- a copy of the main lease rules the subtenant must follow; and
- how either side can end the arrangement early.
Keep a copy of the landlord’s written consent attached to it.
If you are the subtenant: what to check first
A subtenant’s position is only as secure as the master tenant’s. Before you pay anything:
- ask to see the main lease and read its subletting clause;
- ask for a copy of the landlord’s written consent, if the lease requires it;
- confirm how long the master tenant’s own lease runs, since a sublease cannot outlast it on the landlord’s side; and
- pay by a traceable method and keep receipts.
Eviction notices reach subtenants too. Under CCP 1161(3), a notice to perform a lease covenant, including a covenant not to sublet, must also be served on any subtenant in actual occupation, and under 1161(4) a three-day notice to quit is served on the persons in possession.
City rules: rent control, roommates and short-term rentals
Local ordinances can add rights and limits on top of state law. Some cities with rent control may have their own rules on replacing departing roommates and on what a subtenant can be charged, and short-term and vacation rentals are regulated city by city, often with registration or permit requirements. If you live in a city with a rent board, check its rules before you sublet. Start with the San Francisco, Los Angeles and Oakland guides.
Questions people ask
Is subletting illegal in California?
No. It is allowed unless your lease prohibits it or requires consent you didn’t get. Subletting in violation of the lease is what creates the eviction risk.
Can a landlord evict me for having a subtenant?
Yes, if the sublet violates the lease. It is an at-fault just cause under 1946.2(b)(1)(G), and CCP 1161(4) allows a three-day notice to quit.
Can I charge my subtenant more than I pay?
Not in a unit covered by AB 1482 if the sublease would push total rent above the allowed rate (1947.12(c)). Local rent control can be stricter.
Does renting my place out short-term count as subletting?
A short-term rental of your unit can still be a sublet under your lease, and cities set their own short-term rental rules on top.
Related California renter guides
- Roommate rights when you’re not on the lease
- California just cause eviction rules
- The AB 1482 rent cap explained
- Is your rental exempt from the rent cap?
- Breaking a lease in California
- How long an eviction takes in California
This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.