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California Residential Sublease Agreement (2026)

Sublet your apartment or a room to a subtenant: master-lease incorporation, landlord consent with your state's rule, rent, deposit and disclosures that follow state law, plus a one-page consent form for the landlord.

Updated September 2026≈ 9 minReviewed against Cal. Civ. Code § 1950.5 · Cal. Civ. Code § 1671 · Cal. Civ. Code § 1946.1
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Sample first page of the Residential Sublease Agreement: title block and opening sections with blanks to fillView larger
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Sample first page of the Residential Sublease Agreement. Your answers fill in the blanks; the clauses required in California are added automatically.

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Sample first page of the Residential Sublease Agreement: title block and opening sections with blanks to fill

Sample first page of the Residential Sublease Agreement. Your answers fill in the blanks; the clauses required in California are added automatically.

This preview updates as you type. Blank fields show as ____ .

What this document covers

  • Sublandlord, subtenant, landlord and the master lease
  • Whole unit or a room, with shared areas
  • Term that ends before the master lease
  • Rent, due day and late fee within the state cap
  • Security deposit cap and return deadline
  • Utilities included, split, fixed or direct
  • Landlord consent and the state consent rule
  • Master-lease incorporation and subtenant duties
  • Federal lead-paint and state disclosures
  • Default, termination and no further subletting
  • One-page Landlord Consent to Sublease form

California rules that this document follows

Consent to subletNo statute — the lease controlsSource: No residential statute — Cal. Civ. Code §§ 1995.010–1995.340 (consent not unreasonably withheld) applies only to non-residential leases (Civ. Code § 1995.020); the master lease controls
Security deposit limitone month's rent (2 months for small owner-landlords) — 1 month's rent; 2 months if landlord is a natural person/LLC owning no more than 2 properties with 4 or fewer units total (AB 12, eff. 7/1/2024)Source: Cal. Civ. Code § 1950.5(c)
Deposit return deadline21 days after move-outSource: Cal. Civ. Code § 1950.5(g)
Interest on depositNot requiredSource: No state requirement; some cities (e.g., San Francisco, Los Angeles, Berkeley) require interest by ordinance
Late feesMust be a reasonable estimate of landlord's actual damages; no statutory percentage capSource: Cal. Civ. Code § 1671(d); Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7
Notice to end month-to-monthLandlord 30/60 days by length of tenancy / Tenant 30 daysSource: Cal. Civ. Code § 1946.1 (landlord 30 days if all tenants resided < 1 year; 60 days otherwise); Civ. Code § 1946
Required disclosuresLead-Based Paint Disclosure (pre-1978 housing); Megan's Law Database Notice; Bed Bug Notice; Mold Disclosure; Flood Hazard Disclosure; Pest Control Notice; Demolition Permit Disclosure; Former Military Ordnance Disclosure; Death on Premises (3 years); Methamphetamine / Fentanyl Contamination Order; Shared Utility Meters; Smoking Policy; Owner/Agent Identification and Rent Payment; Tenant Protection Act (AB 1482) NoticeSource: California Civil Code §§ 1940–1954.1 (Hiring of Real Property); § 1950.5 (Security Deposits)
Rent control / local rulesSan Francisco (Rent Board Rules & Regs § 6.15A–6.15D), Oakland, Berkeley and Los Angeles rent ordinances limit a landlord's right to refuse a replacement roommate; check the local ordinance.Source: Cal. Civ. Code § 1995.020

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Residential Sublease Agreement in California

Start with your own lease: find the subletting clause and get the landlord's written consent on the attached form before anyone moves in. Name the master lease and its end date so the sublease can never outlast it, describe exactly what is sublet (whole unit or a room plus shared areas), and set rent and deposit within California's caps — the deposit rules bind you as the subtenant's landlord.

Answer the disclosure questions from your own lease packet (lead paint, flood, bed bugs and the like) and give the subtenant a copy of the master lease, every attachment and a deposit receipt. Remember that you stay liable to the landlord for everything the subtenant does.

Frequently asked questions

Can I sublet my apartment in California without my landlord's permission?

No statute — the lease controls (Cal. Civ. Code § 1995.020). Whatever the statute says, read your lease first: almost every residential lease requires the landlord's written consent, and subletting in breach of the lease is grounds for eviction of both you and the subtenant. This agreement records the consent and attaches a one-page form for the landlord to sign.

Who holds the subtenant's security deposit and when must it be returned in California?

You do, as the subtenant's landlord. California's deposit cap and return deadline apply to you — return it with an itemized statement within 21 days after the subtenant moves out, regardless of whether your own landlord has returned your deposit.

How do I end a month-to-month sublease in California?

The subtenant gives you at least 30 days' written notice; you give the subtenant the notice California law requires of a landlord (60 days or more depending on length of tenancy). The sublease also ends automatically when your master lease ends.

Other names

  • sublet agreement
  • sublet contract
  • sublease contract
  • apartment sublease
  • room sublease
  • sublet lease
  • sublessor sublessee agreement
  • tenant to tenant lease

Related documents

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.