Subletting in San Francisco
Subletting is legal in San Francisco, but you’ll have to check what’s written in your lease to know exactly how you need to go about it.
Written by Natalie Todoroff
Reviewed by Melanie Reiff
You can sublet your apartment in San Francisco,
California
, but you’ll need to carefully check your lease and with your landlord. San Francisco is one of the more lenient cities in the Golden State when it comes to subleasing. Depending on what’s written in your lease, you’ll have to go about it a certain way. There are plenty of reasons you may need a subletter in San Francisco. It’s not a cheap place to live, so maybe you need an extra roommate to lower your living expenses. Or, one of your roommates could move out a couple of months early, leaving you in a bind.
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Is it legal to sublet in San Francisco?
Yes, it is legal to sublet your apartment in San Francisco. However, how you go about it depends on what’s written in—or absent from—your lease.
My lease permits subletting
If your lease explicitly states that you are allowed to have a subtenant, you’ll need to obtain your landlord’s written permission before moving someone else in.
My lease prohibits subletting
Here’s where it can get a little tricky. San Francisco tenants have more rights than those in many other cities, so even if your lease does not permit subtenants, you can still seek your landlord’s approval to sublease in the following situations:
- Replacing a departing roommate. If a roommate moves out of your rented space before the lease is up, you can ask your landlord about a subtenant to fill the vacancy.
- Increasing the number of occupants. If your lease permits 5 people in your rented space and there are only a total 3 or 4, you can ask your landlord if you can add subtenants to lower everyone’s cut of the total rent.
My lease does not mention subletting
If your lease does not include a clause about subletting, you do not need to obtain your landlord’s approval before moving someone else in. However, keep in mind that you still aren’t allowed to have more people in the rented space than allowed in the lease.
MORE: How to find the best renters insurance
How to sublet an apartment in San Francisco
Clearly, subletting in San Francisco can be a little tough to navigate, but, if you’re in a situation where you need to get your landlord’s okay, here’s how.
Getting your landlord’s written approval
Step one to subleasing in San Francisco? Get your landlord’s approval. To do so, you must notify them in writing—mail or email both work—at least 14 days before you want the new occupant to move in.
From there, your landlord has 14 days to either approve or deny your request in writing. If they do not respond within that time frame or unreasonably deny your request, you can go right ahead and move the new tenant.
Key Takeaway Write it all down! You’ll want to keep records of the whole process in case any hiccups arise.
Why would a landlord reject a potential subtenant?
Your landlord doesn’t want to lose any money and wants an applicant that won’t cause any headaches. But, to reject them, they’d need a legitimate reason like:
- Poor credit score
- Does not have proper documentation
- Falsified information
- Dangerous to others
So, your landlord cannot reject an applicant just because they don’t like them or anything trivial.
Create a sublease agreement
Once you’ve found someone great to move into your space, you’ll need to draft up a sublease agreement. It’s pretty simple and straightforward, and should include:
- Start and end dates of the sublease agreement
- Exact amount of rent they’ll owe each month
- Procedures for payment or nonpayment
- Signatures from you and the subtenant
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Keep paying rent
Once your landlord approves your subtenant, they’ve moved in, and you’ve dotted your i’s and crossed your t’s, it’s time to sort out rent.
Even with a subtenant, you are still responsible for paying rent. Your subtenant can send you their portion of rent via check or with an app like Venmo.
In San Francisco, you have the authority to evict your subtenant for behaviors like:
- Failure to pay rent
- Property damage
- Violence against other tenants
- Committing drug and weapons-related offenses
- Using the residence for illegal activity
- Dogfighting or cockfighting on the property
So, if your subtenant starts mysteriously bringing home chickens, perhaps that’s something for you to look into. To evict, you’ll have to give them at least 30 days notice.
How to find cheap renters insurance in San Francisco
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