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Sublease Agreement California Template

Image 1

Created by:

​[Sublessor.FirstName][Sublessor.LastName]​

​[Sublessor.Company]​

Prepared for:

​[Sublessee.FirstName][Sublessee.LastName]

​[Sublessee.Company]​

You want to use a sublease agreement for California if you plan on subletting the property you’re renting. California has many rules and regulations regarding lease agreements, so using a template ensures you don’t miss anything.

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This is a Sublet Agreement to sublet (Property.Address) (as described below) subject to the terms and conditions contained in this sublet agreement below.

The Sublessor agrees to sublet the rental property, and the Sublessee agrees to take such rental property and to maintain, perform, and fulfill the promises, conditions, and agreements set forth herein below:

The Sublessor:[Sublessor.FirstName][Sublessor.LastName] (the “Sublessor”)

The Sublessee:[Sublessee.FirstName][Sublessee.LastName] (the “Sublessee”)

The rental property is located at: (Property.Address) (the “premises”) and is a (Property type and description)

Sublease Agreement Terms

1. The term of this sublease begins on (Enter date) and ends (Enter date) unless otherwise extended via a written instrument signed by the parties hereto.

When adding the dates of your sublease agreement, it’s important to remember that they need to fall within the lease terms of the master lease agreement.

2. The rental fee for the premises is (Enter dollar amount) per month, and the Sublessee must pay this fee in advance on the first day of each month. The rental fee must be paid via (Enter payment methods and details). At the end of the term, the Sublessee will vacate the premises.

3. All charges for utilities (including but not limited to electric, heat, and water) in relation to the premises, which are to be paid by the Sublessor under its lease agreement, shall be:

Paid in full by the Sublessor

Split between the Sublessor and Sublessee

If you opt to split charges, the Sublessor needs to attach a description of how these charges will be divided as an addendum to this agreement. This is a requirement by California state law.

4. Upon conclusion or expiration of the term, the Sublessee shall surrender and deliver to the Sublessor the premises, including everything that was contained therein prior to the Sublessee’s occupancy, in the same condition as they were at the beginning of the term, excepting reasonable wear and tear.

5. The Sublessee is and will remain solely liable for any loss or damage to the premises or anything contained therein occurring during the term of this Agreement.

6. Sublessee shall pay to the Sublessor a deposit in the amount of (Enter dollar amount) to cover any loss or damage or any expense that the Sublessor may have in restoring the premises or anything contained therein to the condition they were at the beginning of the term. Only if the premises and everything contained therein is returned to the Sublessor at the end of the term of this sublease agreement in the same condition as they were prior to the Sublessee’s occupancy of the premises will the Sublessor be obligated to refund such deposit. The Sublessor shall refund the deposit less any damages within 21 days after the Sublessee vacates the property.

The state of California dictates that a security deposit may not exceed two months’ rent for an unfurnished property and three months’ rent for a furnished one.

​

7. Upon the Sublessee taking possession of the premises, the Sublessor will provide the Sublessee with an inventory form, to be signed by the Sublessee, acknowledging the contents within the premises.

8. If the Sublessee is under 18 years of age, then his or her legal guardian or parent hereby guarantees and agrees to perform all of the terms, covenants, and conditions of this sublease by affixing his or her signature in the space provided below.

Master Lease

In addition to the provisions of this Sublease Agreement, the Subtenant agrees to be bound by all the conditions of the lease between the Sublessor and the Landlord, [Landlord.FirstName][Landlord.LastName] (the “Master Lease”). The Master Lease is attached to this Sublease Agreement for reference. The terms of the Master Lease are hereby incorporated into this Sublease Agreement. No representation that is not included here or in the Master Lease shall be binding upon the Parties.

Consent of Landlord

California state law requires that Sublessors get permission from the Landlord before entering into a sublease agreement. This is required even if the master lease agreement allows subletting.

The Landlord, [Landlord.FirstName][Landlord.LastName] gives consent for the Sublessor, [Sublessor.FirstName][Sublessor.LastName] to sublease the property to Sublessee, [Sublessee.FirstName][Sublessee.LastName] for the period stated in this sublease agreement.

Parties are aware that all terms and conditions stated in the Master Agreement (copy provided to Sublessess) will be applicable to this agreement.

​

Signature
MM / DD / YYYY

​[Landlord.FirstName][Landlord.LastName]​

​

Disputes

Tenant agrees that all disputes arising, directly or indirectly, out of or relating to this sublease, and all actions to enforce this Sublease Agreement, shall be dealt with and adjudicated in the state courts of the State of California or the United States District Court for the Northern District of California and for that purpose hereby expressly and irrevocably submits itself to the jurisdiction of such courts.

Tenant agrees that as permitted under applicable law, this consent to personal jurisdiction shall be self-operative. No further instrument or action, other than service of process in one of the manners specified in this Sublease, or as otherwise permitted by law, shall be necessary to confer jurisdiction upon it in any such court.

In the event of any legal action concerning this sublease, the prevailing party shall be entitled to its reasonable attorney’s fees and court costs.

Disclosures

The Sublessee is referred to the Master Lease Agreement, which is attached to this document for all disclosures required from the property owner by California law.

The Sublessee is instructed to initial each disclosure to acknowledge that they have read and understood these disclosures.

1. Lead-Based Paint Disclosure

​

2. Demolition Disclosure

​

3. Flood Disclosure

​

4. Mold Disclosure

​

5. Smoking Policy Disclosure

​

6. Megan’s Law Disclosure

​

7. Death on Property Disclosure

​

​

Governing Law

This lease and any dispute or claim arising out of or in connection shall be governed by and construed in accordance with the law of California.

Addendums

The Sublessor attaches the following addendums in accordance with California law.

  • Master Lease Agreement

  • AB 1482 Just Cause and Rent Limit Exemption Addendum

  • Bed Bug Addendum

  • Pest Control Report (if applicable)

  • Division of Charges for Utilities (if applicable)

Entire Agreement

This Lease Agreement constitutes the entire agreement between the parties, and no additions, deletions, or modifications may be made to this agreement without the parties’ written consent.

By their respective signatures below, the parties hereby bind themselves to this sublease agreement.

​[Sublessee.Company]​

​

Signature
MM / DD / YYYY

​[Sublessee.FirstName][Sublessee.LastName]​

​[Sublessor.Company]​

​

Signature
MM / DD / YYYY

​[Sublessor.FirstName][Sublessor.LastName]​

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Sublease Agreement California Template

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Use this sublease agreement for California to ensure that you include all of the required clauses to make your sublease contract legally binding.

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