The California sublease agreement is a legal document that binds an existing tenant and a person who wishes to rent the same place, either part of or the entire premise. The California tenant laws allow subleasing of the property if it is mentioned in the original laws. However, in cases where there is no mention, the law tends to favor the tenant even though the provisions are not specifically mentioned under (CIV § 1995.210).
How to Fill California Sublease Agreement
Personal information
- The date of entering into the agreement
- The name and address of both the sublessor and subtenant
Premises details
- Property address including the name, street, county and give a general description.
Terms of the lease
- The type or use of the lease
- The length of the lease term indicating the commencement and termination dates.
Rent
- The base rent amount the sublessee shall pay to the sublessor in advance as well as the date of payments for the entire lease period.
- The amount to be paid as a security deposit.
Use of the premises
- A description of the use of the leased premises.
The section that follows explains in-depth:
- Compliance in regards to applicable covenants or restrictions of record and applicable building codes, regulations, and ordinances in effect on the commencement date.
- Acceptance of the premises and sub lessee where the sublessee acknowledges outlined guidelines and is satisfied with them
Master lease
- The master lease indicates that the Sublessor is the lessee of the Premises by a lease. A copy of the master lease is attached.
- This section outlines guidelines that bind the tenant and subtenant.
- It explains in detail how the Sublease is and shall at all times be subject and subordinate to Master Lease.
Consent of master lessor
This section explains instances and obligations that require the consent of master lessor for them to be executed.
Also, no changes can be made to the sublease without consulting the master lease.
Broker fees
- The sublessor agrees to pay the broker fees. The broker’s name and amount to be paid is indicated.
- In case of a court proceeding, the losing party pays the prevailing party a reasonable amount of attorney’s fees.
- Additional provisions should be indicated if available.
- Both parties should agree on the California laws governing the lease agreement and indicate the county.
Sealing of the agreement
- The agreement is sealed by indicating where the agreement was executed and the address.
- The details of the sublessor and sub lessee should also be indicated.
It is crucial to understand that the California sublease agreement has no direct involvement with the landlord. In case of any property damage or other problems during the lease term, the tenant is liable as outlined in the original lease agreement.
