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.
Title: Concord California Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Keywords: Concord California, letter, tenant, landlord, refusal, sublease, unreasonable Introduction: Dear [Landlord's Name], I hope this letter finds you in good health and spirit. I am writing to discuss a matter of significant concern regarding your recent refusal to grant me permission for subleasing my rental property located at [property address]. As a responsible tenant, I believe your denial lacks valid reasoning and I feel it is unjustified. This letter intends to outline the reasons why I firmly believe your refusal is unreasonable and request a reconsideration of your decision. 1. Legal Right to Sublease: As per the California Civil Code Section 1940.2, tenants hold the right to sublease or assign their tenancy, unless otherwise limited by a specific clause within the lease agreement. After a thorough review of my lease agreement, I did not find any explicit prohibition or restriction regarding subleasing. Therefore, it is within my legal rights as a tenant to seek a sublessee for the property. 2. Financial Implications: Due to unexpected circumstances, such as a job relocation, financial constraints, or health issues, subleasing my rental property can provide immediate relief from financial burdens. It allows responsible individuals to maintain a steady income flow while ensuring the continuity of lease payments to you as the landlord. 3. Tenant Responsibility and Vetting: I understand that you have valid concerns about who will occupy the property during the sublease period. However, I would like to assure you that I have undertaken the necessary steps to find a suitable sublessee who meets the same standards that you require for tenants. By conducting thorough interviews, background checks, and obtaining references, I am confident that the sublessee will be a responsible individual who will not cause any harm or damage to the property. 4. Mitigation of Vacancy Loss: By allowing me to sublease, you can mitigate potential loss of rental income during any vacancy periods. It is crucial to mention that I will still maintain financial responsibility and ensure that the sublessee abides by the terms of the original lease agreement, including paying rent and adhering to property rules and regulations. 5. Maintenance and Repairs: Rest assured that I will continue to maintain the property, and any damage caused by the sublessee will be my responsibility to address promptly. I understand the importance of keeping the property in good condition and will ensure it is returned to you in its original state, as stated in the lease agreement. Conclusion: Considering the legal provisions, financial implications, tenant responsibility, mitigation of vacancy loss, and maintenance assurances, I respectfully request you to reconsider your decision to refuse my request for subleasing the rental property. I believe that my proposal is reasonable, fair, and beneficial for all parties involved. I kindly request a written response within 10 business days from the receipt of this letter. Please provide me with your reasoning for the refusal or an approval for the sublease request. If you have any concerns or require more information, please do not hesitate to contact me at [tenant's phone number] or [tenant's email address]. Thank you for your understanding and prompt attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]Title: Concord California Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Keywords: Concord California, letter, tenant, landlord, refusal, sublease, unreasonable Introduction: Dear [Landlord's Name], I hope this letter finds you in good health and spirit. I am writing to discuss a matter of significant concern regarding your recent refusal to grant me permission for subleasing my rental property located at [property address]. As a responsible tenant, I believe your denial lacks valid reasoning and I feel it is unjustified. This letter intends to outline the reasons why I firmly believe your refusal is unreasonable and request a reconsideration of your decision. 1. Legal Right to Sublease: As per the California Civil Code Section 1940.2, tenants hold the right to sublease or assign their tenancy, unless otherwise limited by a specific clause within the lease agreement. After a thorough review of my lease agreement, I did not find any explicit prohibition or restriction regarding subleasing. Therefore, it is within my legal rights as a tenant to seek a sublessee for the property. 2. Financial Implications: Due to unexpected circumstances, such as a job relocation, financial constraints, or health issues, subleasing my rental property can provide immediate relief from financial burdens. It allows responsible individuals to maintain a steady income flow while ensuring the continuity of lease payments to you as the landlord. 3. Tenant Responsibility and Vetting: I understand that you have valid concerns about who will occupy the property during the sublease period. However, I would like to assure you that I have undertaken the necessary steps to find a suitable sublessee who meets the same standards that you require for tenants. By conducting thorough interviews, background checks, and obtaining references, I am confident that the sublessee will be a responsible individual who will not cause any harm or damage to the property. 4. Mitigation of Vacancy Loss: By allowing me to sublease, you can mitigate potential loss of rental income during any vacancy periods. It is crucial to mention that I will still maintain financial responsibility and ensure that the sublessee abides by the terms of the original lease agreement, including paying rent and adhering to property rules and regulations. 5. Maintenance and Repairs: Rest assured that I will continue to maintain the property, and any damage caused by the sublessee will be my responsibility to address promptly. I understand the importance of keeping the property in good condition and will ensure it is returned to you in its original state, as stated in the lease agreement. Conclusion: Considering the legal provisions, financial implications, tenant responsibility, mitigation of vacancy loss, and maintenance assurances, I respectfully request you to reconsider your decision to refuse my request for subleasing the rental property. I believe that my proposal is reasonable, fair, and beneficial for all parties involved. I kindly request a written response within 10 business days from the receipt of this letter. Please provide me with your reasoning for the refusal or an approval for the sublease request. If you have any concerns or require more information, please do not hesitate to contact me at [tenant's phone number] or [tenant's email address]. Thank you for your understanding and prompt attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Date]
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.
