Las Vegas, NV asked in Real Estate Law and Landlord - Tenant for California

Q: Can you sublease other rooms in a condo you're renting/living in and charge higher rent?

If the landlord is fine with it, could you do this to drive down your own personal rent? If you set everything up, find the other tenants/roommates and can pay on time every month, is it possible to do this on a regular lease without the others knowing how much you're paying?

1 Lawyer Answer
Dean C Ferraro
Dean C Ferraro
Answered
  • Castle Rock, CO
  • Licensed in California

A: First, it depends on the terms in your lease agreement. Most lease agreements provide that subleasing is not allowed unless you get the written consent of the owner/landlord. You should review your lease to see what is states about subleasing. Secondly, it also could depend on whether the HOA of the condo has any restrictions, such as no more than one family living in a unit, or perhaps a restriction that limits the amount of renters allowed in the complex. If you are permitted to sublease, you may be able to charge higher rent if you can get it and there aren't any restrictions on how much you can charge (i.e rent control restrictions, etc.).

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