How to Sublet Legally in Los Angeles

California isn't the most tenant friendly state when it comes to subletting and LA is no different. Subletting laws say that if your lease says you can't sublet well, that means no subletting. Fortunately most leases don't specifically prohibit sublets but instead say that you need to get your landlord's approval.

One California law that you should know about and that could be of use, even if your landlord either prohibits sublets or doesn't want to give you approval, involves a legal concept called "duty to mitigate." We will spare you the legalese and cut to the chase: even if your landlord is against sublets, he or she is legally required to get the rent covered in whatever way possible. If you've got a qualified subtenant who wants to replace you, then Civil Code 1951.2 says that they need to accept them in order to avoid the damages caused by lost rent (since you've gotta go).

Now that you've got some background, here are the steps we suggest that you follow to sublet in LA.

1. Read your lease carefully

The lease is king in California! It is the law for all intents and purposes. Look for a clause called "assignments and sublets" and see what it says.

2. Get pre-approval to sublet

Your lease most likely said that you can sublet as long as you get written approval from the landlord. You probably don't have someone in mind yet but you know that you want to make sure you find someone they'll approve. Get in touch to let them know you've got to leave (for good or for a while) and you're going to do everything you can to find a subtenant who is as qualified as you. Ask if they have any specific requirements you should be aware of.

3. Find and screen a subletter

When it comes to legal sublets, pretty much everything comes down to finding someone who is as financially qualified as you. You want the objective facts to be the same so it's harder to refuse your request. When you market your listing, say that you need to find someone who makes roughly the same amount of income as you and has the same credit score.

4. Send a written request for approval

Even if you have a casual relationship with your landlord, it's best to stay formal here. You'll want your request to be very buttoned-up, follow state laws exactly and be documented so you have proof that you did everything right. In most situations an email is fine but if you're worried about the prospect of a legal battle then go for certified mail since this will give you proof that they received the request.

Your request should include:

• The term (starting and end dates) of the sublet
• The name of the proposed subtenant
• The proposed subtenant's application (with their financial details)
• The permanent home address of the proposed subtenant
• Your reason for subletting or leaving permanently
• Your new address during the sublease if applicable
• The written consent of any co‑tenant
• A copy of the proposed sublease

5. Wait patiently (but not too patiently)

Give them a few days and up to a week to get back to you. Nudge politely at this point. If it's approaching thirty days then you can formally remind them of their obligation to mitigate damages.

6. Collect and store a security deposit and/or the first month of rent

Stay protected against lost rent and damages and rest assured that your rent will definitely be covered. Get a deposit of a month of rent from your subtenant and set up a process for them to pay you rent at the end of the month so you can transfer it over to your landlord's account without a lot of hassle. Automatic payments are ideal.

7. Be free and go somewhere better!

Whether you're trading up or trading down, or just looking for a change, enjoy it. Subletting is a great way to change your living situation without a long-term commitments since you can always come back if things don't work out.

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