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.
Subject: Scottsdale, Arizona — Letter from Tenant to Landlord about Unreasonable Sublease Refusal Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your refusal to allow sublease for my rental property located at [address] in Scottsdale, Arizona. It is with regret that I feel compelled to highlight the unreasonableness of your decision, especially considering the circumstances and my genuine attempt to find a suitable solution. Firstly, allow me to emphasize the importance of subleasing as a common practice within the rental industry, especially in a vibrant city such as Scottsdale. Many tenants, including myself, seek subleasing as a means to alleviate their financial burdens or fulfill unforeseen circumstances without completely terminating the lease agreement. It provides flexibility and security to tenants who may face temporary changes in their employment, family situations, or health issues. By refusing to allow subleasing, you are preventing me from exercising my right to mitigate my current circumstances responsibly. Furthermore, the lease agreement we entered into on [date] does not explicitly mention any restrictions or prohibitions regarding subleasing. I have carefully reviewed its contents and have found no terms that restrict my ability to sublet the property. It can be concluded that by omitting any such clauses, we agreed to a standard subleasing practice within industry standards. In addition to the lack of contractual limitations, I have also diligently followed all the necessary procedures and fulfilled the requirements for subleasing as outlined in the lease. I have found a prospective sublessee who has undergone the appropriate screening process, including a thorough credit check and reference verification. Their qualifications exceed the standard criteria and provide a strong assurance that they would maintain the property in a satisfactory manner. By refusing to allow sublease, not only are you denying me the opportunity to secure financial relief, but you are also disregarding the benefit of having a responsible, qualified sublessee who has agreed to assume all responsibilities and obligations outlined in the original lease agreement. Therefore, your refusal appears to be arbitrary and unreasonable. I must emphasize that my intention to sublease is not intended to bypass or undermine our contractual obligations. It is a legitimate attempt to adapt to the changes in my life circumstances while ensuring the continued satisfaction of both parties involved. Sublease arrangements are common in Scottsdale and contribute to the stability and harmony of the rental community. In light of the above, I kindly request you reconsider your decision and allow me to proceed with this sublease arrangement. If you have any specific concerns or reservations, I am more than willing to discuss them with you and provide clarifications as needed. It is my hope that we can find a mutually satisfactory resolution that acknowledges the unique circumstances involved. I believe in open and transparent communication between landlords and tenants, and I trust that we can reach a fair and just compromise. Please respond to this letter within [specific timeframe] to share your thoughts or propose an alternative solution. Failure to provide a timely response may result in the assumption that you have accepted my request to proceed with the sublease arrangement. Thank you for your attention to this matter. I look forward to resolving this issue amicably, maintaining a positive landlord-tenant relationship. Sincerely, [Your Name] [Tenant's Address] [City, State, ZIP Code] [Tenant's Contact Information]Subject: Scottsdale, Arizona — Letter from Tenant to Landlord about Unreasonable Sublease Refusal Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your refusal to allow sublease for my rental property located at [address] in Scottsdale, Arizona. It is with regret that I feel compelled to highlight the unreasonableness of your decision, especially considering the circumstances and my genuine attempt to find a suitable solution. Firstly, allow me to emphasize the importance of subleasing as a common practice within the rental industry, especially in a vibrant city such as Scottsdale. Many tenants, including myself, seek subleasing as a means to alleviate their financial burdens or fulfill unforeseen circumstances without completely terminating the lease agreement. It provides flexibility and security to tenants who may face temporary changes in their employment, family situations, or health issues. By refusing to allow subleasing, you are preventing me from exercising my right to mitigate my current circumstances responsibly. Furthermore, the lease agreement we entered into on [date] does not explicitly mention any restrictions or prohibitions regarding subleasing. I have carefully reviewed its contents and have found no terms that restrict my ability to sublet the property. It can be concluded that by omitting any such clauses, we agreed to a standard subleasing practice within industry standards. In addition to the lack of contractual limitations, I have also diligently followed all the necessary procedures and fulfilled the requirements for subleasing as outlined in the lease. I have found a prospective sublessee who has undergone the appropriate screening process, including a thorough credit check and reference verification. Their qualifications exceed the standard criteria and provide a strong assurance that they would maintain the property in a satisfactory manner. By refusing to allow sublease, not only are you denying me the opportunity to secure financial relief, but you are also disregarding the benefit of having a responsible, qualified sublessee who has agreed to assume all responsibilities and obligations outlined in the original lease agreement. Therefore, your refusal appears to be arbitrary and unreasonable. I must emphasize that my intention to sublease is not intended to bypass or undermine our contractual obligations. It is a legitimate attempt to adapt to the changes in my life circumstances while ensuring the continued satisfaction of both parties involved. Sublease arrangements are common in Scottsdale and contribute to the stability and harmony of the rental community. In light of the above, I kindly request you reconsider your decision and allow me to proceed with this sublease arrangement. If you have any specific concerns or reservations, I am more than willing to discuss them with you and provide clarifications as needed. It is my hope that we can find a mutually satisfactory resolution that acknowledges the unique circumstances involved. I believe in open and transparent communication between landlords and tenants, and I trust that we can reach a fair and just compromise. Please respond to this letter within [specific timeframe] to share your thoughts or propose an alternative solution. Failure to provide a timely response may result in the assumption that you have accepted my request to proceed with the sublease arrangement. Thank you for your attention to this matter. I look forward to resolving this issue amicably, maintaining a positive landlord-tenant relationship. Sincerely, [Your Name] [Tenant's Address] [City, State, ZIP Code] [Tenant's Contact Information]
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.
