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Can I hold my tenant liable for damages caused by a subtenant?

Can I hold my tenant liable for damages caused by a subtenant?

Q: Can the tenant sublet rent to others the apartment?

Whether a tenant can sublet an apartment depends on the lease agreement. If the lease prohibits subletting, the tenant cannot legally sublet without the landlord's consent. Violating this term can lead to legal consequences, including being held liable for damages caused by a subtenant.

Q: What is an unauthorized sublet?

An unauthorized sublet occurs when a tenant rents out their apartment to another person without the landlord's permission, violating the lease agreement. This can lead to legal issues for the tenant, including potential eviction and liability for any damages caused by the subtenant.

Q: How do I protect myself as a sublease?

To protect yourself as a subtenant, ensure you have a written agreement that details your rights and responsibilities. Verify that the original tenant has the right to sublet. Document the property's condition at move-in and maintain open communication with the original tenant regarding any issues that arise.

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: 04/07/2025
State: California

Answer:

In California, if a tenant violates the lease by subleasing the property, they can be held responsible for any damages caused by the subtenant. According to Cal. Civ. Code § 1996.320, when a tenant transfers their lease interest in violation of the lease agreement, the landlord has several remedies for breach of contract. These include:

The right to seek damages caused by the tenant's breach.
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.

FAQs

What are the obligations of a sublease?

A sublease typically requires the subtenant to adhere to the terms of the original lease, including paying rent and maintaining the property. The original tenant remains responsible to the landlord for any breaches, such as damages or unpaid rent. It's essential for the subtenant to understand their obligations and for the original tenant to ensure the sublease complies with the primary lease agreement.

How to protect yourself as a subtenant?

As a subtenant, ensure you have a written sublease agreement that outlines your rights and responsibilities. Confirm that the original tenant has permission to sublet from the landlord. Document the property's condition upon moving in to avoid disputes over damages later. Communicate clearly with the original tenant about expectations and responsibilities.

How to protect yourself when renting from a private owner?

When renting from a private owner, always request a written lease that clearly states the terms of your rental. Verify the owner's identity and ownership of the property. Conduct a walkthrough to document the property's condition before moving in. Ensure you understand your rights regarding repairs, security deposits, and lease termination.