Oakland sublet laws

Can My Landlord Refuse to Let Me Sublet in California? Can a landlord ignore or refuse my request to sublet in California? These packets contain specific information about the Rent Adjustment Ordinance, local housing laws and other useful information.

Find out about meetings, request City services through OAK 31 or contact the Mayor and City Council. Under California statutory and decisional law , landlords may generally prohibit or restrict assignment and subletting in residential leases. Residential landlords may also restrict the occupancy of the unit to the original tenants, provided that such restrictions are not unlawfully discriminatory. A landlord cannot “unreasonably” withhold the right to replace a roommate, provided that the remaining tenant makes a written request. Subletting a rental is permitted in California if the landlord doesn’t expressly prohibit it in the lease agreement.

But a landlord can still reject the proposed subtenant for certain reasons. When it comes to subletting a rental unit in California, what the lease says goes. Tenants can legally sublease their unit unless the landlord specifically says they can’t in the lease—and even then, depending on where they live, they may have some leeway. California sublet laws often rely on what a lease stipulates between a tenant and a landlord and knowledge of local law.

If your landlord strictly prohibits subletting, your lease must specifically say so. If your lease only prohibits assignment , then you may sublet. More commonly, however, the lease will have a clause stating that you may not sublet without the prior consent of the landlord.

Rent increases can only happen every months after a tenant’s move-in date or months after the last rent increase. California law requires that tenants receive written notification days in advance. For rent increases greater than , tenants should receive days notice.

This ordinance limits how much a tenant’s rent rate can be increased on a yearly basis using a rate based upon the Consumer Price Index (CPI). If you live in one of these cities, your landlord can neither deny you the right to nor evict you for replacing a roommate or subletting a room without their consent. Either way, a California tenant who wants to sublet their unit should get permission from their landlord (unless the laws in their city say differently).

Tenants should always make sure a landlord is in agreement with a sublet , including the proposed subtenant and the term of the sublet , to avoid any future problems. It’s back to basics at Bornstein Law. One of them is state law concerning security deposits.

Tenants of residential units can ONLY be evicted for the following eleven reasons: 1. Simply state you are subletting when you rent to a roommate whose name is not on your original lease and whose rent is paid to you or you have someone stay in your apartment during your temporary absence and pay rent to you. Subletting happens when an existing tenant lets all or part of their home to someone else who is known as a subtenant. Oakland Tenant Move Out Agreement Ordinance. Many tenants need permission before they can sublet. These include the right to livable housing, a fair eviction process and more.

Rights of secure and flexible tenants to sublet What are secure tenancies? Most local authority tenants are secure tenants. This means that your tenancy stops being either a secure, flexible or introductory tenancy, and you lose the protection of the law. Yet Bornstein Law has always maintained that the propulsion of rent control measures has moved the needle of progress in the opposite direction and unnecessarily penalizes studious “mom and pop” landlords that are the bedrock of the community and the biggest engine of affordable housing.

Units covered by the TPA (and not already covered by RAP) can have the rent increased twice per 12-month perio but the total amount of increase cannot exceed the maximum. You cannot charge your subtenant a higher rent than the landlord charges you. Be careful choosing who to sublet to.

You must make an agreement with your subtenant that ends on a particular date. The subletting agreement.