Residential Sublease Agreement - California

California Landlord & Tenant Updated October 2, 2026 Free Word and PDF

Residential Sublease Agreement — California

Before signing: Attach the complete master lease and document any owner or housing-program approval it requires. Attach the statutory bed-bug notice and any applicable federal, state, and local disclosures. Confirm any local limits on subletting, deposits, rent, and termination.

This Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The owner or primary landlord is [OWNER NAME] (“Owner”).

1. Premises and authority

Sublessor sublets [ENTIRE DWELLING / DESCRIBED ROOM AND SHARED AREAS] at [STREET, UNIT, CITY, CA ZIP]. Included parking, storage, furnishings, and appliances: [DETAILS / NONE]. Other permitted occupants: [NAMES / NONE].

The master lease dated [__/__/____] is ☐ fixed through [__/__/____] ☐ month to month, and is attached with all amendments and rules as Exhibit A. Its subletting provision is [SECTION AND TERMS / NONE]. Authority for this sublease is documented by: ☐ the attached master lease permits it without separate consent; ☐ Owner's written consent is attached as Exhibit B or signed below; ☐ applicable housing-program permission is attached as Exhibit B. Subtenant will not take possession until every required authorization is documented. This Agreement does not release Sublessor from obligations under the master lease unless Owner separately agrees in writing. Neither party promises rights beyond Sublessor's lawful right to possession.

2. Term, rent, and charges

The sublease begins [__/__/____] and states an end date of [__/__/____], no later than any known fixed master-lease end date. Subtenant's occupancy also depends on Sublessor's continuing lawful right to possess under the master lease. Any extension requires a signed agreement and any required Owner approval. The stated end date does not itself authorize eviction or override applicable state or local tenant protections. Earlier termination and possession must follow the master lease, this Agreement, and applicable law.

Each full rental period is a calendar month. Monthly rent is $[____], due on day [1-28] of each month to [PAYEE] at [ADDRESS OR ACCOUNT] by [ACCEPTED METHODS]. The first full rental month, if one occurs, is [MONTH, YEAR / NONE], with its monthly rent due [__/__/____ / NONE] on the selected due day. First partial-period rent, if any, is $[____ / NONE] for [START DATE / NONE] through [END DATE / NONE], due [__/__/____ / NONE] to [PAYEE / NONE]. Final partial-period rent, if any, is $[____ / NONE] for [START DATE / NONE] through [END DATE / NONE], due [__/__/____ / NONE] to [PAYEE / NONE]. If this sublease lawfully ends before a full calendar month begins, enter "none" for that month and its due date; use the initial partial-period payment for all agreed occupancy dates and enter "none" for the final partial period. A partial payment replaces monthly rent for its listed dates, so those dates are not charged twice. Utilities and other recurring charges: Sublessor pays [ITEMS]; Subtenant pays [ITEMS]. Any late charge or rent change must be stated in a signed writing and comply with applicable law; no late charge is agreed here. Sublessor will provide receipts required by law.

Sublessor will credit rent already paid for dates covered by a completed partial-period amount against the rent due for those dates and refund any excess for those dates within 15 days after this sublease lawfully ends. This rent accounting is separate from the security-deposit accounting below.

3. Refundable security and condition

Subtenant pays a refundable security deposit of $[____], no more than one month's sublease rent. This is separate from any deposit Sublessor paid Owner. Sublessor may deduct only amounts allowed by Cal. Civ. Code § 1950.5, including unpaid rent, actual cleaning needed to restore the inception level of cleanliness, and damage beyond ordinary wear. No deduction is allowed for a preexisting condition or ordinary wear. The signed condition and photograph record is Exhibit C. Sublessor will take the move-in and any deductible move-out repair or cleaning photographs required by § 1950.5(g).

Before the term ends, Sublessor will give written notice of Subtenant's option to request an initial inspection and right to attend it, and will conduct a requested inspection as § 1950.5(f) requires. Within 21 calendar days after Subtenant vacates, Sublessor will give an itemized accounting, required supporting documents and photographs, and the remaining deposit. If Sublessor received the deposit or rent electronically, Sublessor will give the statutory electronic-return option notice and return the balance by the method Subtenant designates or the parties lawfully agree in writing. If there are multiple adult Subtenants, the statutory joint-check rule applies unless a permitted written allocation agreement is signed by all adult tenants and Sublessor or another statutory exception applies. Forwarding address and return election: [DETAILS / TO BE PROVIDED].

4. Use, care, access, and notices

Subtenant will use the space as a residence, comply with the attached lawful master-lease rules, promptly report needed repairs to [CONTACT, PHONE, EMAIL], avoid damage beyond ordinary wear, and allow access as permitted by law. Pets: [TERMS / NONE]. No further transfer or sublease is authorized by this Agreement without any permission required under the master lease.

Sublessor and Owner may enter only for purposes allowed by Cal. Civ. Code § 1954. Except where that section allows otherwise, entry requires reasonable written notice stating the date, approximate time, and purpose and must occur during normal business hours. Twenty-four hours is presumed reasonable absent contrary evidence. Emergency and other statutory exceptions remain effective; access may not be used to harass.

Owner or manager contact for service and repairs: [NAME, PHONE, STREET ADDRESS]. Sublessor contact for rent and notices: [NAME, PHONE, STREET ADDRESS, EMAIL]. Subtenant notice address: [ADDRESS, EMAIL]. Sublessor will furnish a signed copy of this Agreement to Subtenant within 15 days after signing.

Megan's Law notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides.

5. Surrender and signatures

At the lawful end of possession, Subtenant will vacate, return keys to [PERSON], remove personal property, leave the space reasonably clean subject to ordinary wear, and provide a forwarding address. Any dispute over possession will use lawful process. California law governs, subject to applicable local law. No provision waives a nonwaivable right. Changes require a signed writing and any required Owner consent.

Exhibits delivered with signed agreement: ☐ A — complete master lease, amendments, and rules. ☐ B — written Owner or program permission, if required. ☐ C — signed move-in condition and photographs. ☐ D — complete § 1954.603 bed-bug notice in at least 10-point type and reporting procedure. ☐ E — applicable federal lead, local, known-hazard, and other required disclosures: [IDENTIFY / NONE APPLICABLE].

Sublessor: [SIGNATURE] Printed name: [________________] Date: [__/__/____]

Subtenant: [SIGNATURE] Printed name: [________________] Date: [__/__/____]

Additional Subtenant, if any: [SIGNATURE] Printed name: [________________] Date: [__/__/____]

Owner consent, if required: I consent to this identified sublease without releasing Sublessor from the master lease, except as separately agreed in writing.

Owner or authorized agent: [SIGNATURE] Capacity: [________________] Date: [__/__/____]

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About this template

Last updated
October 2, 2026
Citations checked
October 3, 2026
Jurisdiction
California
Category
Landlord & Tenant

Legal authority

  • Cal. Civ. Code § 1946.2(a), (b)(1)(G)
  • Cal. Civ. Code § 1950.5(c), (e)-(h), (n)
  • Cal. Civ. Code § 1954(a), (d)-(e)
  • Cal. Civ. Code § 1954.603
  • Cal. Civ. Code § 2079.10a(a)(3)

Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 3, 2026.

Cal. Civ. Code § 1946.2(a) (checked October 3, 2026): "after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy."

Cal. Civ. Code § 1946.2(b)(1)(G) (checked October 3, 2026): "Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure."

Cal. Civ. Code § 1950.5(c)(1) (checked October 3, 2026): "a landlord shall not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy."

Cal. Civ. Code § 1950.5(e)(2)(A) (checked October 3, 2026): "The landlord shall not assert a claim against the tenant or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof"

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