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.
Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your refusal to allow me to sublease my apartment in Clovis, California. I believe that your decision is unreasonable and jeopardizes my rights as a tenant. Below, I have provided a detailed description of the situation and listed the reasons why I find your refusal unacceptable. Firstly, I would like to highlight that subleasing is a common practice and is often permitted by landlords, provided suitable criteria are met. By denying my request without valid justification, you are disregarding both my rights as a tenant and the flexibility that subleasing offers. Subleasing not only benefits tenants in situations such as temporary absence or financial constraints, but it also benefits landlords by maintaining occupancy rates and avoiding potential income loss. Furthermore, it is important to note that the California Civil Code allows tenants to sublease their rental units unless specifically prohibited in the lease agreement. Upon reviewing our lease agreement, I found no clause that explicitly prohibits subleasing. If there is such a clause, please provide me with the necessary legal documentation to support your decision. Failing to do so, I urge you to reconsider your stance. Moreover, I have taken all the necessary precautions to ensure that the subletter I found is suitable and responsible. They have provided references, undergone a thorough background check, and are willing to adhere to the terms laid out in our lease agreement. Therefore, there is no justifiable reason for you to deny my request based on concerns about the subletter's reliability. It is important to consider that by refusing to allow me to sublease, you are creating unnecessary financial strain on me as a tenant. In times of unforeseen circumstances, such as job loss or medical emergencies, the ability to sublease my apartment could provide me with much-needed relief. Additionally, it would help maintain my good-standing relationship with you as a reliable tenant. In light of these points, I kindly request that you reconsider your decision and allow me to proceed with the sublease. If you still have concerns, I am open to discussing them further in order to address any issues or find a suitable resolution that satisfies both parties. I hope for a prompt response, as this matter is of great importance and urgency to me. I value our professional relationship and hope we can find a satisfactory resolution. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your refusal to allow me to sublease my apartment in Clovis, California. I believe that your decision is unreasonable and jeopardizes my rights as a tenant. Below, I have provided a detailed description of the situation and listed the reasons why I find your refusal unacceptable. Firstly, I would like to highlight that subleasing is a common practice and is often permitted by landlords, provided suitable criteria are met. By denying my request without valid justification, you are disregarding both my rights as a tenant and the flexibility that subleasing offers. Subleasing not only benefits tenants in situations such as temporary absence or financial constraints, but it also benefits landlords by maintaining occupancy rates and avoiding potential income loss. Furthermore, it is important to note that the California Civil Code allows tenants to sublease their rental units unless specifically prohibited in the lease agreement. Upon reviewing our lease agreement, I found no clause that explicitly prohibits subleasing. If there is such a clause, please provide me with the necessary legal documentation to support your decision. Failing to do so, I urge you to reconsider your stance. Moreover, I have taken all the necessary precautions to ensure that the subletter I found is suitable and responsible. They have provided references, undergone a thorough background check, and are willing to adhere to the terms laid out in our lease agreement. Therefore, there is no justifiable reason for you to deny my request based on concerns about the subletter's reliability. It is important to consider that by refusing to allow me to sublease, you are creating unnecessary financial strain on me as a tenant. In times of unforeseen circumstances, such as job loss or medical emergencies, the ability to sublease my apartment could provide me with much-needed relief. Additionally, it would help maintain my good-standing relationship with you as a reliable tenant. In light of these points, I kindly request that you reconsider your decision and allow me to proceed with the sublease. If you still have concerns, I am open to discussing them further in order to address any issues or find a suitable resolution that satisfies both parties. I hope for a prompt response, as this matter is of great importance and urgency to me. I value our professional relationship and hope we can find a satisfactory resolution. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]
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.
