Can I legally request a deposit from a subtenant? Also, what kind of legal document should I prepare for the person who sublets my apartment?
Under California state law, you would function as the landlord for your subtenant. State law allows landlords to request a deposit of as much as two times the monthly rent for an unfurnished unit and three times the rent for a furnished unit. If you decide to hold a security deposit, Berkeley law requires that you place it in an insured, interest bearing account and annually return the interest earned to the tenant. When you sublet, you should prepare a written sublease agreement that identifies the parties and the rental unit, and addresses at least the following points: (1) The amount of rent and when, where and to whom it should be paid; (2) The subtenant’s obligation to observe and honor the terms of the original rental agreement that you entered into with your landlord; and (3) When the sub-tenancy begins and when and how it will terminate – including a statement affirming your right to recover the unit. Provisions regarding the payment of utilities and the care and condition of y
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