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  1. #1
    Join Date
    Feb 2013
    Posts
    1

    Exclamation Subleasing vs Leasing

    My question involves landlord-tenant law in the State of: California

    I signed a lease for a big house with a couple other girls after all of us verbally agreed to live in the house. Now I realize how unreliable an oral agreement is because my very own roommate, who I'm living with in the same room, decided she wanted to back out after I had signed the lease. I can't afford my own room, especially at the elevated price since our single vs doubles are staggered so I begged her to not leave. She's still on the edge but she suddenly said she'd stay if I let her sublease the room - although I'd be there living alongside her at the same time..I feel like there's a legal catch that I don't know about because my parents don't know anything about housing laws but her parents do. What kind of responsibilities and liabilities am I getting myself into if I let her sublease (half of the room?)? Is it even possible to sublease half a room? And what it she doesn't pay on time? Will I get in trouble with the landlord instead of her? What should I do? It's too late to find a new roommate and I signed the lease but I can't afford the room..I feel like she completely screwed me over and put me at her will and mercy..also housing laws are such a double edged sword, I'm afraid of walking into a legal trap and neither I nor my family could afford to do anything. I know I may have been stupid in this case but this is my first time renting a place..

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Subleasing vs Leasing

    So... you're stating that you are the tenant, you are subleasing to your roommate on an oral agreement, and that your subtenant has indicated that she will only remain in residence if you give her a written lease?

    If she's already your subtenant, she's already your subtenant. That doesn't depend upon whether you sublease based on an oral or written agreement.

    If your subtenant doesn't pay on time, you still have to pay your full rent.

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