What is a California Sublease Agreement?
A California sublease agreement is between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement; the sublease agreement is tied to and incorporates the original (master) lease.
In California, a landlord can prohibit a tenant from entering into a sublease agreement by means of an explicit provision in the original lease, although some local jurisdictions may still allow a sublease agreement. If the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) in California should obtain written permission from the landlord to do so, unless applicable local law states otherwise. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.