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Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.
Primary sourcesNot legal advice
Content verified against primary state statutes before publication Last updated: October 2026

Quick Summary - What You Need to Know

  • Our California record finds no deadline for a landlord to answer a residential sublet request.
  • The Civil Code's reasonable-consent rule covers non-residential leases only. Your written lease governs yours.
  • Under LA's Rent Stabilization Ordinance, a one-for-one replacement roommate is not an added tenant.
  • Any 10% additional-tenant rent increase must come off once that person moves out.
  • Subletting against a lease term can be treated as a curable lease violation.

Understanding the Subletting Clause

No statute
Landlord's deadline to answer a written sublet request in
Our California record finds no statute giving a landlord a deadline to answer a residential sublet request. The Civil Code's reasonable-consent rule for subleases covers non-residential leases only (Cal. Civ. Code § 1995.010), which leaves your lease's subletting clause as the document that answers it. In an LA rent-stabilized unit, a one-for-one replacement roommate gets extra protection.

This page is for Los Angeles renters who want to sublet, swap in a replacement roommate, or are about to sign a lease with a subletting clause. Our California record finds no residential sublet statute, which leaves that clause as the document that answers your question.

Raise any problem at signing, not the week your plans change. Ask for a reply date, a fixed fee and a promise that consent will not be unreasonably withheld. If your unit is rent-stabilized, city rules add more.

What renters assume

California's tenant-friendly reputation means a landlord can't unreasonably refuse a sublet and must answer within a set time.

What is actually true

The rule that consent may not be unreasonably withheld (§ 1995.260) sits in a chapter limited to non-residential leases. Our California record finds no reply deadline for your apartment.

California sits with the silent majority on this chart. A New York City landlord has 30 days to answer before consent is deemed given, and Chicago must accept a reasonable sublease with no extra fee - California hands that decision to your lease instead.

Clause decoder

Sublet Clause Example - What the Wording Looks Like in Los Angeles, CA

The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

18. (A) Assignment, subletting.—Except as provided by § 226-b of the Real Property Law of New York, the Tenant shall not assign the lease, nor sublet the Apartment, or permit the Apartment or any part thereof to be used by any one other than Tenant or members of the immediate family of Tenant, without the prior written consent of Owner in each case, if the Lease is assigned, or if the Apartment is sublet or occupied by anybody other than Tenant or Tenant’s immediate family.

Quoted from the published opinion in Conrad v. Third Sutton Realty Co., 81 A.D.2d 50 (1st Dep't 1981). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“or permit the Apartment or any part thereof”

“Any part thereof” is the phrase that turns a roommate into a lease event. In Los Angeles that matters more than the state code does: under the Rent Stabilization Ordinance and the Rent Adjustment Commission's additional-tenant regulation, a one-for-one replacement roommate is not treated as an added tenant at all. One person leaves, one arrives, and the household has not grown.

See the example
Check whether your unit is covered by the Rent Stabilization Ordinance before you rely on that. It is a city rule attached to covered rental housing, not a right every California renter has, and outside its reach the paragraph above is the whole of your position.
Tenant-favourable“Tenant may replace a departing occupant with one replacement occupant on written notice”
What this lease said“or permit the Apartment or any part thereof”
Landlord-favourable“Occupancy by any person other than those named is a material breach, whatever the household size”
2

“to be used by any one other than Tenant”

The lease's default is refusal; the city's overlay is a standard. For a replacement roommate the landlord may screen by ordinary criteria - the same checks run on any applicant - but may not unreasonably withhold approval. Screening and vetoing are different acts, and only one of them is available.

See the example
The money rule is the one renters forget. Where a 10% additional-tenant rent increase has been imposed, it must be removed once that person leaves. It is not a permanent step up in the base rent, and it should not still be sitting on the ledger after the household has shrunk back.
Tenant-favourable“Landlord may screen a replacement occupant by ordinary criteria and shall not unreasonably withhold approval”
What this lease said“to be used by any one other than Tenant”
Landlord-favourable“Each additional occupant carries a rent increase that survives their departure”
3

“members of the immediate family of Tenant”

California's code does not draw this line for you. Civil Code § 1995.010 limits the assignment-and-sublease chapter - including the § 1995.260 rule that consent may not be unreasonably withheld - to leases for other than residential purposes, so for a home the written lease governs whether a tenant may sublet and on what terms. The immediate-family line above is the lease's own work, not the code's.

See the example
Because the section is written the other way round, naming what the chapter does not cover, it is worth reading the section itself rather than a summary of it. The current statutory text is the only thing that settles it.
Tenant-favourable“Immediate family may occupy the premises without further consent or charge”
What this lease said“members of the immediate family of Tenant”
Landlord-favourable“No person may occupy the premises for more than seven consecutive days without Landlord's written approval”
4

“if the Lease is assigned”

The usual consequence of getting this wrong in California is a notice, not a lawsuit. Subletting or short-term-renting against a lease term can be treated as a curable lease violation - the kind you fix by ending the arrangement - and rent-control cities layer their own approval rules on top. There is also no fixed number of days for a California landlord to answer a residential sublet request, so a request can sit unanswered without the silence meaning anything. In New York it would already have meant yes.

See the example
No California statute in our record gives a landlord a deadline to answer, and nothing here turns their silence into a yes. If you need an answer, ask in writing with a date on it and keep the copy - a written record of an unanswered request is worth far more here than a phone call you remember, and it is the only thing that shows you asked before the person moved in.
Tenant-favourable“Any breach of this paragraph is curable within the statutory notice period”
What this lease said“if the Lease is assigned”
Landlord-favourable“Subletting is an incurable breach entitling Landlord to terminate immediately”
What the court did with it

A landlord who gives no reason is treated as having said yes. The tenant proposed a documented sublessee; the managing agent's reply gave no reason at all - only that permission would not be granted, with an offer to let her terminate the lease instead. The Appellate Division held that a landlord who rejects a residential sublease without stating any valid reason is deemed to have consented under Real Property Law § 226-b, and that the tenant may compel acceptance of a bona fide sublessee. The court rejected the argument that release from the lease was the tenant's only remedy: in a housing shortage, that reading would leave a tenant with a meaningless right to surrender. Read the panel accurately - a divided panel affirmed, three judges adopting the rationale below, while two concurred separately on a narrower reading of § 226-b (2) and expressly declined to say what happens when a landlord does state reasons that turn out to be unreasonable. One of them noted that this lease carried no provision that consent would not unreasonably be withheld, which is why the statute had to do all the work. Read it with its date, too: this construes § 226-b before its substantial 1983 amendment. The deemed-consent result still tracks current § 226-b (2) (c), but today's statute also expressly lets a tenant sublet where consent is unreasonably withheld - the very question the concurrence reserved. The unit was a Manhattan apartment; the words rent control and stabilization appear nowhere in the opinion. Printed above is the first sentence of paragraph 18(A); the paragraph runs on for another 107 words of non-waiver boilerplate that is not reproduced here.

How this state's law treats this clause
California wrote a reasonable-consent rule for subleases and then put residential tenants outside it: the Civil Code chapter carrying that rule covers leases for other than residential purposes. Read the current section text before relying on it. What Los Angeles adds sits in the city's rent rules rather than in the code: Cal. Civ. Code § 1995.010 (sublease-consent chapter covers non-residential leases only)

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

California Law on Subletting Clause

The law in California
  • Civil Code § 1995.010 limits the assignment-and-sublease chapter, including the § 1995.260 rule that consent may not be unreasonably withheld, to leases for other than residential purposes.
  • For residential tenancies the written lease governs whether a tenant may sublet and on what terms.
  • Our California record finds no statute giving a landlord a fixed number of days to answer a residential sublet request.
  • Subletting or short-term-renting against a lease term can be treated as a curable lease violation, and local rent-control cities impose their own approval rules.

Sources include Cal. Civ. Code § 1995.010 (sublease-consent chapter covers non-residential leases only) - statutes change; verify the current text for your situation.

Copy and send: Before anyone moves in, once you have read your lease's subletting clause

Ask to sublet or replace a roommate

Fill in the brackets and keep a copy of what you send.

Our California record shows four things about subletting a home:

  • No residential consent rule. Cal. Civ. Code § 1995.010 limits the assignment-and-sublease chapter, including the § 1995.260 rule that consent may not be unreasonably withheld, to leases for other than residential purposes.
  • Your lease governs. For a residential tenancy, the written lease decides whether you may sublet and on what terms.
  • No reply deadline. Our California record finds no statute giving a landlord a fixed number of days to answer a residential sublet request.
  • A curable violation. Subletting or short-term renting against a lease term can be treated as a curable lease violation, which means notice and a chance to fix it.

Local rent-control cities add their own approval rules on top. Statutes get amended, so check the current California text before you rely on this.

What's Specific to Los Angeles

How California compares

Landlord's deadline to answer a written sublet request, state by state

Landlord's deadline to answer a written sublet request by stateEach square is a state; California is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZNo figureArkansas: guide coming soonARCaliforniaCANo figureColoradoCONo figureConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDCNo figureFloridaFLNo figureGeorgiaGANo figureHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisILNo figureIndianaINNo figureIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKYNo figureLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMDNo figureMassachusettsMANo figureMichiganMINo figureMinnesotaMNNo figureMississippi: guide coming soonMSMissouriMONo figureMontana: guide coming soonMTNebraska: guide coming soonNENevadaNVNo figureNew Hampshire: guide coming soonNHNew JerseyNJNo figureNew Mexico: guide coming soonNMNew YorkNY30 daysNorth CarolinaNCNo figureNorth Dakota: guide coming soonNDOhioOHNo figureOklahoma: guide coming soonOKOregonORNo figurePennsylvaniaPANo figureRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTNNo figureTexasTXNo figureUtah: guide coming soonUTVermont: guide coming soonVTVirginia: guide coming soonVAWashingtonWANo figureWest Virginia: guide coming soonWVWisconsinWINo figureWyoming: guide coming soonWY

30 daysNo figureGuide coming soonYou are here

See all 25 cities as a chart

Landlord's deadline to answer a written sublet request

Same clause, 25 cities, different rules. Tap any city for its own guide.

Austin, Texas
No statute
Los Angeles, California
No statute
Miami, Florida
No statute
Portland, Oregon
No deadline
Washington, District of Columbia
No deadline, lease may bar it
Columbus, Ohio
No statute; lease controls
Newark, New Jersey
No deadline; city bars short-term sublets
Detroit, Michigan
No deadline; lease controls
Baltimore, Maryland
No set deadline
Minneapolis, Minnesota
No set deadline
Milwaukee, Wisconsin
No deadline; lease may restrict
Kansas City, Missouri
No deadline; written assent required
Indianapolis, Indiana
No set deadline
Louisville, Kentucky
No set deadline

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

Los Angeles adds rules for roommates in rent-stabilized units. Under the Rent Stabilization Ordinance and the Rent Adjustment Commission's additional-tenant regulation, a roommate replaced one-for-one is not treated as an added tenant.

Your landlord may screen that person on ordinary criteria but may not unreasonably withhold approval. Any 10% additional-tenant rent increase must be removed once that person moves out, so check your rent ledger.

The LA Housing Department can tell you whether the ordinance covers your building.

Does the sublet clause name a reply date?

Our California record finds no deadline for one. A written decision by a stated date is a term to ask for, not a right.

Does it say consent won't be unreasonably withheld?

The § 1995.260 standard covers non-residential leases only, so ask for these words in your lease before you sign.

Does the clause ban subletting outright?

Raise it before you sign, and ask for an exception for replacement roommates. Our California record finds no statute creating a right to sublet.

Is there a sublet fee with no amount?

Our California record finds no rule barring sublet fees. Ask for a fixed dollar amount written into the lease.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

Red Flags to Watch Out For

  • Consent at the landlord's sole discretion

    Our California record finds no reasonable-consent rule for residential leases. A sole-discretion clause takes its meaning from the lease alone, so ask to change it before you sign.

  • A request with no reply date

    Our California record finds no response window and no rule that makes silence a yes. Ask for a written answer by a date you set.

  • Instant termination, no cure period

    Wording that makes an unapproved sublet an immediate default. A sublet against a lease term can be treated as curable, so a no-cure clause deserves a lawyer's eye.

  • A permanent rent bump for a roommate

    In an LA rent-stabilized unit, a 10% additional-tenant increase must come off once that person leaves. A clause making it permanent conflicts with the RSO regulation.

  • A short-term listing your lease bars

    Listing the place on a short-term rental site when the lease bars it is a quick route to a cure-or-quit notice.

Your Rights as a Los Angeles Tenant

  • One-for-one roommate replacement

    Under LA's Rent Stabilization Ordinance, a roommate swapped one-for-one is not an added tenant, so no additional-tenant increase should follow the swap.

  • Screening yes, stonewalling no

    An LA landlord may screen a proposed roommate on ordinary criteria but may not unreasonably withhold approval under the Rent Adjustment Commission's additional-tenant regulation.

  • The 10% add-on comes off

    Where a 10% additional-tenant increase was applied in a rent-stabilized unit, it has to be removed once that person moves out.

  • A chance to cure first

    An unapproved sublet can be treated as a curable lease violation, and removing you still takes a court case, never a lockout or a shut-off.

What To Do - Step by Step

1

Read your sublet clause

Check whether consent is required, whether subletting is banned, what it costs and whether a reply date appears.

2

Check if the RSO covers you

Look up your building with the LA Housing Department. Rent Stabilization Ordinance coverage is what brings in the roommate rules.

3

Ask in writing

Name the subtenant or replacement roommate, the dates and the rent. Email gives you a dated copy and a thread to follow up in.

4

Call a swap a replacement

If one person is moving out and another in, say exactly that. A one-for-one swap is not an added tenant under the RSO.

5

Send screening material up front

Offer the proposed roommate's application, ID and income documents. Ordinary screening is allowed; unreasonable refusal is not, and you want that contrast in writing.

6

Get help before a deadline runs

If approval stalls or a cure-or-quit notice arrives, call the LA Housing Department or a free tenant clinic before the deadline runs out.

Why renters trust LeaseDecoded

Read at the sourceEvery statute is read in its published text, on the state's own site where that site can be reached.
Real court rulingsLease wording on our pages is quoted from published court opinions, with what the judge decided.
Dated and re-checkedEach guide shows when it was last reviewed, and we correct it when the law changes.
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Frequently Asked Questions

can my landlord refuse to let me sublet in california
Yes, if your lease's subletting clause allows it. Our California record finds no residential sublet statute, and the Civil Code's reasonable-consent rule covers non-residential leases only. In an LA rent-stabilized unit, a one-for-one replacement roommate can't be unreasonably refused.
how long does a landlord have to answer a sublet request in california
Our California record finds no set time and no rule that makes silence a yes. A New York City landlord, by contrast, must answer within 30 days. Look for a reply date in your subletting clause, or ask for one before you sign.
can my landlord raise the rent for adding a roommate in los angeles
Up to 10% in a rent-stabilized unit for an additional tenant, and that increase has to come off once the person leaves. A one-for-one replacement roommate isn't an added tenant, so no increase should apply there.
can i get evicted for subletting my apartment in los angeles
Subletting against your lease's subletting clause can be treated as a curable violation, which means notice and a chance to fix it first. Removing you still takes a court case; a lockout or utility shut-off is illegal in California.

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Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general California and Los Angeles law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in California for advice about your specific situation.