Apartment subletting, officially called”subleasing,” refers to bringing in a new tenant to reside in a rental unit temporarily or discuss a portion of the rent with the present tenant or tenants, according to the California Department of Consumer Affairs (DCA). While laws vary from state to state, most renters need to pay attention to state and local regulations governing the sublet procedure. By way of example, San Francisco has local rent ordinances that complement state law.
Since the DCA explains, there are two common types of sublet or sublease situations. A tenant may need to leave the rental unit temporarily, but return to it at a subsequent date. As an example, a tenant who wishes to travel for several months may seek to sublet his apartment. A tenant may also look for assistance paying the rent in a unit that is larger than necessary for him. In this case, a tenant may rent out a space.
Most rental agreements have a stipulation that prevents tenants from subletting their units, according to the DCA. Referring to the town’s local rent ordinance, the San Francisco Rent Board (SFRB) asserts that if a rental agreement doesn’t have a clause concerning sublets, the clinic is generally allowable. In any case, the DCA suggests tenants get their landlord’s permission before proceeding ahead with the subletting procedure. When a tenant sublets a device, her arrangement with her landlord remains in effect. The sublease is a pact between the original tenant and the new tenant. Since the DCA reports, the subtenant pays rent to the original tenant with no obligation to the landlord. On the other hand, the subtenant must abide by the conditions of the original tenant’s rental agreement, such as pet policies.
In certain towns, such as San Francisco, even if a tenant’s rental agreement prohibits subletting, the town’s rent ordinance permits for the replacement of roommates. Since the SFRB notes, landlords need to allow tenants to substitute roommates”on a one-for-one basis”; however, the new roommate must satisfy the landlord’s”routine” and”reasonable” renter criteria.
Local ordinances may provide additional protections to subtenants. “Master tenants” at San Francisco, for example, cannot charge subtenants more than what they’re paying for rent, points out the SFRB. The local rent ordinance also requires original tenants to ascertain the rent they charge subtenants on a proportional basis. As an example, the rent can be split evenly or calculated on the basis of square footage shared or another goal measure.
Landlords in San Francisco can’t increase rent only on the basis of further occupants, such as a newborn infant. In the event the existence of new tenants raises the landlord’s cost of operating or maintaining his property, he may petition the SFRB for an increase. Not many cities have the above-mentioned provisions. Tenants and landlords should consult their state and local rental laws for particulars.