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This California Sublease Agreement Form is intended for the sublease of a commercial property. California Civil Code, section 1951.4, allows for a sublease if the original lease does not prohibit it and if the landlord consents to the sublease. The landlord is required to agree to a sublease if the conditions are reasonable. The original tenant is still responsible for fulfilling the terms of the original lease.

Security Deposit

The subtenant agrees to pay rent one month in advance to the original tenant. The subtenant agrees to pay a security deposit to the original tenant.

Use of Premises and Maintenance

The subtenant agrees that the property will only be used for the specified purpose. The original tenant agrees that the property is in compliance with all codes. The subtenant agrees that the electrical, HVAC, and other building systems are in operating condition and agrees to maintain them.

Terms and Rent Collection

The subtenant and the original tenant agree that the original lease shall supercede the sublease. The subtenant agrees to abide by the conditions in the original lease.

The original landlord agrees that the original tenant may collect rent from the subtenant, unless the original tenant defaults. If the original tenant defaults, the original landlord may collect rent directly from the subtenant.

If the original lease requires the original landlord’s consent to sublease, then this sublease is not valid unless the original landlord signs it. If the original lease required the original tenant to have guarantors, then this sublease is not valid unless the original guarantors sign the sublease. The original landlord may agree to further subletting without notifying the original tenant.

Brokerage Fee

The original tenant agrees to pay a brokerage fee. If the subtenant exercises an option or a right of first refusal, then the original landlord will pay a brokerage fee. If any court action is required, the prevailing party will be entitled to attorneys’ fees.

How To Fill

  • Enter the date.
  • Enter the original tenant’s name and address.
  • Enter the subtenant’s name and address.
  • Enter the property address, county, and a brief description.
  • Enter the monthly rent and date due. Enter the amount of rent paid at signing and the period which it covers.
  • Enter the security deposit.
  • Describe the purpose for which the subtenant will use the property.
  • Enter the original landlord’s name.
  • Enter the broker’s name and the broker’s fee.
  • Enter any other agreements and provisions.
  • Enter the county.
  • Enter the date and the address where the sublease was signed.
  • Original tenant prints name and title and signs, and dates sublease form.
  • Subtenant prints name and title and signs and dates sublease form.
  • Attach a copy of the original lease.

California law does not require that a lease or sublease be witnessed, notarized, filed, or registered. It is valid upon execution. The original landlord, the original tenant, and the subtenant should keep a copy of the lease or sublease in a safe place.

Free California Sublease Agreement - PDF Download

Sample California Sublease Agreement

California Sublease Agreement

California Law Codes

  • California Civil Code Section: 1951.4