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If I'm leasing a 2 bedroom apartment, can I sublet for the full amount of the lease, then live in the other room for free? Can the person I'm subletting to have a legal right to kick me out, even though I'm technically still on the lease?

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For California, this may be a useful guide. I assume the terms of the lease allow you to sublet (though I would be surprised if many leases actually allow it, without landlord approval). You would then have a sublease agreement with the subtenant (since you are still bound by the original lease and you want to be sure that you get the money so you can pay the landlord). You could then include a clause that allows you to keep one room, for free, if the person would actually agree to this arrangement. Unless you actually assign the lease, you are on the hook for the duration of the original lease, so they cannot kick you out.

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  • What if there is no clause to keep one room for free, and I just take the other room? Since I'm still on the lease can anyone kick me out?
    – marin909
    Mar 31, 2016 at 23:43
  • @marin909 If you have sublet the property with a contract granting the sub-lessor the whole of the property, then the sub-lessor can throw you off his property as a trespasser.
    – Martin Bonner supports Monica
    Dec 19, 2018 at 16:36

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