Elk Grove, CA asked in Landlord - Tenant for California

Q: Can I get in trouble for renting a room from a principle tenant if the landlord finds out?

I'm a student and I've been looking for a room to rent for the fall quarter. The search has been difficult but I've recently found a room. Another student has decided to take the quarter off and go back home and he has offered to sublet his room. The issue here is that the landlord stated that sublets aren't allowed. If I were to rent this room anyways, can I, as the subtenant, get in trouble if the landlord finds out about me? Or will the principle tenant bear all the responsibility?

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1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
Answered
  • Del Mar, CA
  • Licensed in California

A: When you say the landlord "stated", I assume you are talking about your lease/rental agreement. If there is such a clause in your lease, a violation is an uncurable default and would give the landlord the right to evict both of you. I would suggest you approach the landlord and ask his permission. He should have you sign a sublet agreement.

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