California Apartment Association

UPDATE: Gov. Brown signs CAA-sponsored vacation-rental bill

On Tuesday, Sept. 1, Gov. Jerry Brown signed into law a CAA-sponsored bill aimed at ensuring that tenants check their rental agreements before subletting their apartments via short-term home-sharing websites.

Sen. Isadore Hall

Brown signed SB 761 by Sen. Isadore Hall two weeks after it advanced from the Senate floor by a vote of 38 to 0.

While subletting is typically forbidden in rental agreements, and can even lead to eviction, many tenants don’t know this.

SB 761 will put the onus on operators of home-sharing websites — such as Airbnb, HomeAway and Flipkey — to remind apartment renters to check their leases or ask their property managers before engaging in subletting. The hosting platforms will do this by posting an online notice that customers must acknowledge having read before listing a rental.

Prohibitions on subleting exist for good reasons. Tenants who sublet their apartments often give out security codes and keys, and vacationers who rent the units use the common areas, such as swimming pools, parking spaces and workout rooms, at disproportionate levels. Neighboring tenants complain to landlords about noise and traffic.