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: Dispute Regarding Landlord's Unreasonable Refusal of Sublease in Carlsbad, California Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to address a concerning issue regarding your refusal to allow the sublease of my rental property in Carlsbad, California. I am genuinely disappointed by your stance on this matter, and I believe it is crucial to discuss the reasons why I find your refusal unreasonable and the potential consequences it may have on both parties involved. Firstly, it is important to understand that as a tenant, I have a vested interest in maintaining a certain level of flexibility in regard to my lease agreement. Life circumstances can change unexpectedly, and the opportunity to sublease my rental property can offer a practical solution to various situations, such as temporary work assignments, medical reasons, or family emergencies. By denying this option, you are disregarding the potential hardships that could arise in a tenant's life and demonstrating inflexibility in accommodating reasonable requests. Additionally, I must bring to your attention the benefits that allowing sublease can bring to both yourself as the landlord and myself as the tenant. By agreeing to sublease, you would ensure a continued stream of income even during periods where I am unable to reside in the property, hence minimizing the possibility of financial burdens on both parties. This, in turn, contributes to a stable tenancy and fosters a harmonious landlord-tenant relationship. Moreover, it is essential to note that numerous states, including California, legally recognize the right of tenants to sublease their properties unless explicitly prohibited by the lease agreement or by justified circumstances. In accordance with California Civil Code Section 1995.260-1995.270, tenants should have the freedom to sublease their rental units, given reasonable advance notice and provided the potential subtenant meets reasonable qualifications. Considering the points mentioned above, I kindly request that you reconsider your refusal to allow sublease of my rental property in Carlsbad, California. This request aligns with the spirit of fairness and flexibility that should be inherent in any landlord-tenant relationship. I assure you that my intention is not to cause disruption or inconvenience, but to navigate unforeseen circumstances with professionalism and respect towards our mutual obligations. I believe that by reaching an amicable agreement on this matter, we can avoid any potential legal disputes and continue to maintain a positive and mutually beneficial long-term relationship. Please advise within [reasonable time frame] regarding your decision on allowing the sublease, and I would be more than willing to discuss any concerns or queries you may have. Thank you for your prompt attention to this matter. I look forward to resolving this issue in a fair and reasonable manner, ensuring the best interests of both parties involved. Sincerely, [Your Name] [Your Contact Information]Subject: Dispute Regarding Landlord's Unreasonable Refusal of Sublease in Carlsbad, California Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to address a concerning issue regarding your refusal to allow the sublease of my rental property in Carlsbad, California. I am genuinely disappointed by your stance on this matter, and I believe it is crucial to discuss the reasons why I find your refusal unreasonable and the potential consequences it may have on both parties involved. Firstly, it is important to understand that as a tenant, I have a vested interest in maintaining a certain level of flexibility in regard to my lease agreement. Life circumstances can change unexpectedly, and the opportunity to sublease my rental property can offer a practical solution to various situations, such as temporary work assignments, medical reasons, or family emergencies. By denying this option, you are disregarding the potential hardships that could arise in a tenant's life and demonstrating inflexibility in accommodating reasonable requests. Additionally, I must bring to your attention the benefits that allowing sublease can bring to both yourself as the landlord and myself as the tenant. By agreeing to sublease, you would ensure a continued stream of income even during periods where I am unable to reside in the property, hence minimizing the possibility of financial burdens on both parties. This, in turn, contributes to a stable tenancy and fosters a harmonious landlord-tenant relationship. Moreover, it is essential to note that numerous states, including California, legally recognize the right of tenants to sublease their properties unless explicitly prohibited by the lease agreement or by justified circumstances. In accordance with California Civil Code Section 1995.260-1995.270, tenants should have the freedom to sublease their rental units, given reasonable advance notice and provided the potential subtenant meets reasonable qualifications. Considering the points mentioned above, I kindly request that you reconsider your refusal to allow sublease of my rental property in Carlsbad, California. This request aligns with the spirit of fairness and flexibility that should be inherent in any landlord-tenant relationship. I assure you that my intention is not to cause disruption or inconvenience, but to navigate unforeseen circumstances with professionalism and respect towards our mutual obligations. I believe that by reaching an amicable agreement on this matter, we can avoid any potential legal disputes and continue to maintain a positive and mutually beneficial long-term relationship. Please advise within [reasonable time frame] regarding your decision on allowing the sublease, and I would be more than willing to discuss any concerns or queries you may have. Thank you for your prompt attention to this matter. I look forward to resolving this issue in a fair and reasonable manner, ensuring the best interests of both parties involved. Sincerely, [Your Name] [Your 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.
