This is a letter from a tenant to the landlord concerning the landlord's refusal to permit tenant to sublease the premises to a sub-tenant. Tenant is also informing the landlord of his/her reserving of legal rights and remedies, should the landlord continue to prevent a lease assignment.
A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. A tenant must often get the consent of the landlord before subletting rental property to a subtenant. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant, unless the landlord agrees to release the tenant from liability.
Generally, to evict a roommate, you must be the original tenant (or the one who has signed a lease or rental agreement with the landlord), and the roommate you want to evict must be your landlord's subtenant. A subtenant is usually someone who is renting part of your place from you and paying rent to you instead of your landlord. In this relationship, you are the "landlord" and your roommate is your "tenant."
A tenant acting in the capacity of a landlord who resides in the same rental unit with his or her subtenant may be able to evict said subtenant without just cause, as required under some local landlord-tenant laws, which vary by locality. Depending on local law, a master tenant must give written notice to the subtenant a certain number of says in advance of eviction. If the subtenant doesn't leave, it may be necessary to file an unlawful detainer lawsuit.
Under some local laws, a tenant who subleases his or her rental unit may charge no more rent upon initial occupancy of the subtenants than that rent which the tenant is currently paying to the landlord. In other words, a master tenant cannot profit off of their landlord's property.
Birmingham Alabama Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable Subject: Tenant's Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing the property located at [address] in Birmingham, Alabama. After carefully reviewing my tenancy agreement, local tenant laws, and considering the current circumstances, I believe your refusal is unreasonable and hinders my right as a tenant to seek alternative arrangements. As you are aware, I have been a responsible and compliant tenant, paying rent promptly and taking good care of the property throughout my tenancy. However, due to unforeseen, extenuating circumstances beyond my control, I am compelled to temporarily relocate from Birmingham. The sublease request is an attempt to address this situation lawfully, while minimizing any potential impact on both parties. Allow me to present a detailed analysis of why your refusal is unjust and contradictory to my rights as a tenant: 1. Compliance with Tenancy Agreement: a. The tenancy agreement, which both parties agreed upon, does not explicitly prohibit subleasing. In the absence of such a clause, I have a reasonable expectation to seek a sublease arrangement. b. If there are any specific obligations or limitations related to subleasing, please provide documented evidence specifying such prohibitions. 2. Mitigating Financial Burden: a. Due to the ongoing circumstances, subleasing would allow me to mitigate the financial burden of holding a tenancy in Birmingham while I am unable to occupy the premises. b. By subleasing, I would ensure that the monthly rent is paid to you promptly and responsibilities related to property maintenance are met by the sublessee, further protecting your interests. 3. Preservation of Property Integrity: a. As a responsible tenant, my priority is to ensure the preservation and care of the property during my absence. b. I am committed to finding a sublessee who meets appropriate screening and approval criteria, as required by you, to maintain the property's integrity and avoid any inconveniences for nearby residents. 4. Legal Considerations: a. I have thoroughly reviewed Alabama tenant laws, and unless explicitly prohibited in the lease agreement, tenants have the right to sublease the property with the consent of the landlord. b. Denying my reasonable request for subleasing without valid grounds could be considered a breach of my tenant rights, potentially leading to legal consequences for both parties. 5. Alternatives and Options: a. If your concern lies in finding a responsible replacement tenant, I am willing to assume the responsibility of finding a suitable sublessee and presenting their references and credentials for your consideration. b. Additionally, I propose offering a lease addendum that holds me fully accountable for any potential damages caused by the sublessee, relieving you of any liability concerns. I believe that by allowing subleasing during my absence, we can maintain a cooperative and symbiotic relationship, safeguarding both our interests. I kindly request you to reconsider your standpoint and provide a written response within [reasonable time frame] to amicably resolve this matter. Thank you for your attention to this matter. I trust that we can find a mutually beneficial solution and uphold the integrity of our landlord-tenant relationship. Sincerely, [Your Name] [Your Contact Information] Additional Birmingham Alabama Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable: 1. Birmingham Alabama Letter from Tenant to Landlord Requesting Mediation for Sublease Unreasonably Refused 2. Birmingham Alabama Letter from Tenant to Landlord Requesting Lease Modification to Allow Sublease 3. Birmingham Alabama Letter from Tenant to Landlord Seeking Legal Advice on Unreasonable Sublease Refusal 4. Birmingham Alabama Letter from Tenant to Landlord Asserting Tenant's Rights Regarding Subleasing Rights 5. Birmingham Alabama Letter from Tenant to Landlord Issuing Notice of Intent to Seek Legal Redress on Sublease Refusal.Birmingham Alabama Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable Subject: Tenant's Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing the property located at [address] in Birmingham, Alabama. After carefully reviewing my tenancy agreement, local tenant laws, and considering the current circumstances, I believe your refusal is unreasonable and hinders my right as a tenant to seek alternative arrangements. As you are aware, I have been a responsible and compliant tenant, paying rent promptly and taking good care of the property throughout my tenancy. However, due to unforeseen, extenuating circumstances beyond my control, I am compelled to temporarily relocate from Birmingham. The sublease request is an attempt to address this situation lawfully, while minimizing any potential impact on both parties. Allow me to present a detailed analysis of why your refusal is unjust and contradictory to my rights as a tenant: 1. Compliance with Tenancy Agreement: a. The tenancy agreement, which both parties agreed upon, does not explicitly prohibit subleasing. In the absence of such a clause, I have a reasonable expectation to seek a sublease arrangement. b. If there are any specific obligations or limitations related to subleasing, please provide documented evidence specifying such prohibitions. 2. Mitigating Financial Burden: a. Due to the ongoing circumstances, subleasing would allow me to mitigate the financial burden of holding a tenancy in Birmingham while I am unable to occupy the premises. b. By subleasing, I would ensure that the monthly rent is paid to you promptly and responsibilities related to property maintenance are met by the sublessee, further protecting your interests. 3. Preservation of Property Integrity: a. As a responsible tenant, my priority is to ensure the preservation and care of the property during my absence. b. I am committed to finding a sublessee who meets appropriate screening and approval criteria, as required by you, to maintain the property's integrity and avoid any inconveniences for nearby residents. 4. Legal Considerations: a. I have thoroughly reviewed Alabama tenant laws, and unless explicitly prohibited in the lease agreement, tenants have the right to sublease the property with the consent of the landlord. b. Denying my reasonable request for subleasing without valid grounds could be considered a breach of my tenant rights, potentially leading to legal consequences for both parties. 5. Alternatives and Options: a. If your concern lies in finding a responsible replacement tenant, I am willing to assume the responsibility of finding a suitable sublessee and presenting their references and credentials for your consideration. b. Additionally, I propose offering a lease addendum that holds me fully accountable for any potential damages caused by the sublessee, relieving you of any liability concerns. I believe that by allowing subleasing during my absence, we can maintain a cooperative and symbiotic relationship, safeguarding both our interests. I kindly request you to reconsider your standpoint and provide a written response within [reasonable time frame] to amicably resolve this matter. Thank you for your attention to this matter. I trust that we can find a mutually beneficial solution and uphold the integrity of our landlord-tenant relationship. Sincerely, [Your Name] [Your Contact Information] Additional Birmingham Alabama Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable: 1. Birmingham Alabama Letter from Tenant to Landlord Requesting Mediation for Sublease Unreasonably Refused 2. Birmingham Alabama Letter from Tenant to Landlord Requesting Lease Modification to Allow Sublease 3. Birmingham Alabama Letter from Tenant to Landlord Seeking Legal Advice on Unreasonable Sublease Refusal 4. Birmingham Alabama Letter from Tenant to Landlord Asserting Tenant's Rights Regarding Subleasing Rights 5. Birmingham Alabama Letter from Tenant to Landlord Issuing Notice of Intent to Seek Legal Redress on Sublease Refusal.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
