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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33702
Experience:  Attorney for over 15 years, landlord 26 years
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As the sole leaseholder, I have lived in a modest rent

Customer Question

As the sole leaseholder, I have lived in a modest rent controlled apartment in Santa Monica since 02/1999. My parents living in the mid-west are in need of age related personal assistance. While I return to the parent's home to assist, I would like to sub-let my apartment furnished for 6 months.
JA: OK. The Landlord-Tenant Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: What are the rent controlled rules regarding subletting?
JA: Is there anything else the Landlord-Tenant Lawyer should be aware of?
Customer: Good relationship with landlord. Landlord has relatives living on the property. Good relationship with the two other tenants.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I have read your comments but I am not sure what your actual legal question is??

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thanks

Barrister

Customer: replied 8 months ago.
The legal question:
1) As a lease holder in a Santa Monica Rent Controlled Apt. do I have the right to sublease for a specified period of time?
2) If so, what are the requirements to safeguard my lease rights established in 1999?
3) Can the Landlord legally deny me subletting my rent controlled apt for 6 months?
4) If subletting is allowed, what are my legal responsibilities to fulfill?
Customer: replied 8 months ago.
Expert:  barristerinky replied 8 months ago.

1) As a lease holder in a Santa Monica Rent Controlled Apt. do I have the right to sublease for a specified period of time?

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Unless your written lease allows it, or the landlord agrees in writing, no. There is no statutory right to sublease your dwelling.

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2) If so, what are the requirements to safeguard my lease rights established in 1999?

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N/A

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3) Can the Landlord legally deny me subletting my rent controlled apt for 6 months?

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Again, yes, unless there is something in the written lease that either allows it, or is silent about prohibiting it.

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4) If subletting is allowed, what are my legal responsibilities to fulfill?

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You take on the role of both tenant and landlord because the sub is your tenant. If the sub damages the property or violates the lease, you are still responsible to the landlord. You can go after the sub for any monetary damages, but if this ended up in the landlord terminating and evicting you due to the sub's breach, then that is a risk that you run.

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So if you are allowed to sublease, be very careful about who you rent to because you could be risking your lease as well.

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thanks

Barrister

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