For a California house, condo or apartment, the lease's own subletting and assignment clause sets the rules. The Civil Code's statutes on consent to transfers (§§ 1995.010 to 1995.340) apply only to leases "for other than residential purposes," and no California statute sets a standard for when a residential landlord may say no. What state law does supply is the consequence: assigning or subletting in violation of the lease is an at-fault just cause under Civil Code § 1946.2(b)(1)(G) and a listed ground in Code of Civil Procedure § 1161(4).

The short version

  • Write the rule into the lease: subletting and assignment allowed, allowed only with written consent, or not allowed.
  • Do not borrow the commercial "consent not unreasonably withheld" rules from §§ 1995.010 to 1995.340. They do not cover residential leases.
  • A sublease of a rent-capped unit cannot bring total rent above what the cap allows (§ 1947.12(c)).
  • An outright ban on subletting gives up the owner's option to keep the lease alive after a tenant abandons it (§ 1951.4).
  • Short stays raise separate limits: an HOA may ban rentals of 30 days or less (§ 4741(c)), and some cities set minimum rental periods.
  • An unauthorized sublet can support ending the tenancy, but which notice fits the facts is a question for a California attorney.

Why the lease clause does the work

Section 1995.010 says its chapter "applies to transfer of a tenant's interest in a lease of real property for other than residential purposes." Rules you may see quoted online, such as the implied duty not to refuse consent unreasonably in § 1995.260, come from that chapter, so they are not a guide for a home. For residential leases, no statute sets a reasonableness test, and whether a "consent required" clause carries one by implication is a case-law question this page does not answer. The practical answer is simple: your lease controls, and if consent is refused and the parties disagree, ask a California attorney.

Three state rules still shape the clause:

  • Just cause. In a tenancy covered by § 1946.2, "Assigning or subletting the premises in violation of the tenant's lease" is an at-fault just cause (§ 1946.2(b)(1)(G)). See just-cause eviction.
  • Notices. CCP § 1161(4) allows a three-day notice to quit, with no chance to cure, for assigning or subletting contrary to the lease. CCP § 1161(3), the notice to perform or quit, also lists "any covenant not to assign or sublet" among the covenants it covers. For curable violations in covered tenancies, § 1946.2(c) requires a notice with a chance to cure first. See three-day notices.
  • The rent cap. For a property covered by § 1947.12, a tenant "shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate." The same subdivision says it does not authorize a sublet or assignment "where otherwise prohibited" (§ 1947.12(c)).

One trade-off is easy to miss. Civil Code § 1951.4 lets a landlord keep a lease in effect after a tenant breaches and abandons, and collect rent as it comes due, but only if the lease provides for that remedy and the lease allows subletting or assignment, allows it subject to reasonable standards, or allows it with consent that "shall not be unreasonably withheld" (§ 1951.4(b)). A flat ban gives that option up. The breaking a lease page covers how damages work instead.

What the clause should cover

ItemWhat to includeWhy
The basic ruleWhether subletting and assignment are allowed, allowed with prior written consent, or prohibitedFor a residential tenancy, the lease is the main source of the rule
DefinitionsWhat the lease means by a sublet, an assignment, a guest and an added occupantAvoids arguments over whether a long-staying person is a guest or a subtenant
How to askA written request naming the proposed person, the dates, the space involved and the rent the subtenant would payGives the owner what is needed to decide and creates a record
ScreeningThat the proposed person applies under the same written criteria used for every applicantConsistent decisions are the core of fair housing compliance
Response timeA stated time for the owner's written answerNo statute covered here sets one; a stated time sets expectations for both sides
Short staysWhether stays of 30 days or less are allowed, and that HOA rules and city minimum-stay rules apply either wayAssociations may ban rentals of 30 days or less (§ 4741(c))
Sublease rentThat total rent under any sublease stays within § 1947.12 where the cap appliesStatutory limit in § 1947.12(c)
Who stays responsibleWhether the original tenant remains responsible for rent and damage after a subletSets expectations; see roommates and joint liability
Remedy choiceWhether the lease includes the § 1951.4 remedy, with transfer terms that match it§ 1951.4 works only with qualifying sublet terms

Handling a sublet request, step by step

  1. Get the request in writing, with every detail the clause asks for.
  2. Check the HOA's governing documents and your city's code on minimum stay length before approving anything short. The rental length rule checker helps with stay lengths.
  3. Screen the proposed subtenant or assignee with the same written criteria, income standard and documents you ask of any applicant. If you charge a screening fee, follow Civil Code § 1950.6 (see screening fees).
  4. Decide on the application, never on a protected characteristic such as familial status, source of income, disability, or military or veteran status (Gov. Code § 12955).
  5. Answer in writing. If you approve, a short signed addendum can name the subtenant or assignee, the dates and the rent.
  6. Keep the request, the screening file and your answer with the lease.

Short stays, HOAs and city minimums

A tenant who wants to rent out a room or the whole home for short stays through a booking platform is asking for something the sublet clause should address. If short stays are not allowed, the clause should say so plainly. Two outside limits apply whatever the lease says. An HOA "may prohibit transient or short-term rentals of 30 days or less" under Civil Code § 4741(c); see HOA rental restrictions. Some cities also set their own minimum rental periods in residential zones. In Coronado, read the Coronado short-term rental rules before agreeing to any short stay.

Clause mistakes to avoid

  • Citing §§ 1995.010 to 1995.340, or a "not unreasonably withheld" standard borrowed from them, as if they governed a residential lease.
  • Telling a tenant that state law requires the owner to accept a replacement roommate or subtenant. Section 1946.2 contains no such rule. Some local rent ordinances have replacement rules, so check your city.
  • Approving a sublease at a rent that pushes the total above the § 1947.12 cap.
  • Leaving "guest" undefined, so a long-term occupant becomes a dispute. See occupancy and guest clauses.
  • Approving or denying requests inconsistently, which invites fair housing complaints.
  • Treating a short-stay listing as allowed because the lease is silent, without checking HOA and city rules.
  • Serving a notice for a sublet without checking whether the tenancy is covered by § 1946.2 and whether a cure notice must come first.

For owners

Decide your rule before you list the home, write it into the lease, and apply it the same way to every request. If you want the § 1951.4 remedy, pair it with transfer terms that qualify. When you learn that a tenant has sublet without asking, write down what you know, keep any listing or messages, and talk to an attorney before choosing a notice. The handling lease violations page walks through the general order of steps.

For renters

Read the clause before you agree to share or rent out any part of the home. Ask in writing, give the details the lease asks for, and wait for a written answer before anyone moves in. If your unit is under the rent cap, you cannot charge a subtenant an amount that pushes total rent above the cap. If consent is refused and you believe the lease allows the sublet, get advice from a California attorney or a legal aid office before acting.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration rules, and some set minimum rental periods; check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Can a California landlord refuse to let a tenant sublet?

For residential leases, the lease decides. The Civil Code's transfer statutes (§§ 1995.010 to 1995.340), including the implied "not unreasonably withheld" rule, apply only to non-residential leases, and no statute sets a reasonableness standard for homes and apartments. If a lease requires consent and the parties disagree about a refusal, ask a California attorney.

Is subletting without permission grounds for eviction in California?

It can be. In a tenancy covered by Civil Code § 1946.2, assigning or subletting in violation of the lease is an at-fault just cause (§ 1946.2(b)(1)(G)), and CCP § 1161(4) allows a three-day notice to quit for it. Section 1161(3) also covers a covenant not to sublet, and § 1946.2(c) requires a cure notice first for curable violations, so have counsel pick the notice.

Can a tenant charge a subtenant more than their own rent?

Where the rent cap in Civil Code § 1947.12 applies, a tenant may not enter into a sublease that results in total rent for the premises above the allowable rental rate (§ 1947.12(c)). The same subdivision says it does not authorize subletting where it is otherwise prohibited, so the lease must allow the sublet in the first place.

Does a landlord have to accept a replacement roommate?

State law does not require it. Civil Code § 1946.2 contains no rule about a landlord refusing a replacement tenant or subtenant. Some local rent ordinances have replacement-roommate rules, so check your city's code and read your lease's clause.

Can an HOA stop short-stay subletting?

An HOA may prohibit transient or short-term rentals of 30 days or less (Civil Code § 4741(c)), so a lease should not allow short stays that the governing documents ban. Some cities also set minimum stay lengths in residential zones. Check both before allowing any short sublet.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

Sources

Verified October 19, 2026.

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