Full question:
My tenant subleased the apartment I rented out to him to his friend in spite of an express provision in the lease agreement prohibiting him to do so. His friend has caused damage to the kitchen cupboards. Can I make my tenant liable for the damages?
- Category: Landlord Tenant
- Subcategory: Sublease
- Date:
- State: California
Answer:
In California, a tenant who breaches the lease agreement and sublets the premises may be made liable for any damage caused to the property as the result of subleasing the apartment. Apart from this other remedies are also available to the landlord. The law is stated in Cal. Civ. Code §1996.320 that reads:“If a tenant transfers the tenant’s interest in a lease in violation of a restriction on transfer of the tenant’s interest in the lease, in addition to any other remedies provided by law for breach of a lease, the landlord has all the remedies provided for breach of contract, including, but not limited to, either or both of the following:
(a) The right to contract damages caused by the tenant’s breach.
(b) The right to terminate the lease.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
