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You have probably seen hundreds of these posts, but I would like a fresh opinion.
I am planning to Sublease (Los Angeles), for 2.5 months, I will be paying the rent (subtenant will be giving me all the checks at once), and as an incentive for the LL, I will be renewing my lease. I have always paid my rent on time. However, last year, when I subleased, she asked for a fee for a sublease which was not in the contract, but the contract did state that subleasing was NOT allowed, however, the LL let me sublease via paying that fee, I paid half of it because I thought it was unfair since I am still paying the rent and the person was literally just using my place to sleep.
I do not want to go through this again, and I feel like the LL needs me, more than I need the LL. Do you think I am making a big risk of not telling the LL I am going to sublease again?
Yes. Subleasing is expressly against the lease. As you have already been through the process of doing a sublease, you have no defense to an eviction for subletting an apartment without approval of the landlord.
I agree that not telling the LL is a big mistake but I'd also ask the LL (if she once again wants you to pay a "fee") exactly what the fee is for. Apparently she didn't kick up a stink about your only paying half of the fee last year so maybe she realizes that this isn't normal procedure. I've dealt with commercial subleases in the past and not residential but I've never heard of or had personal experience of any sublease fee being involved. Good luck and it would be interesting to know what she says ...
Considering the lease says subleasing is not allowed, I think it was pretty nice for the landlord to allow you to do it for a fee. The landlord takes on a risk by letting you sublet. The fact is, unless you are there monitoring them 24/7, you don't know that the person you are subleasing to is "literally just using my place to sleep."
Since its not allowed by the lease, the odds are very good that you'll get evicted for having an unapproved sublet. Also, I would not count on being able to keep the sublet a secret. Your best bet is to ask the landlord and be willing to pay a fee again. If you're not willing to do so, don't sublet.
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