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: Challenging the Unreasonable Denial of Sublease in Costa Mesa, California: A Tenant's Detailed Letter to the Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent refusal to allow me to sublease my rental unit located in Costa Mesa, California. As a tenant, I firmly believe that your decision is unreasonable and goes against the principles of fairness and practicality, particularly considering the rights and legal considerations outlined in the Costa Mesa Tenancy Laws. I kindly request your attention to this matter and ask for the reconsideration of your decision. Section 1: The Right to Sublease in Costa Mesa, California In accordance with the Costa Mesa Tenancy Laws, tenants have the right to sublease their rental units, granted they adhere to the requirements established by the law and our existing lease agreement. This provision reflects the intention of the legislation to enable tenants to maintain flexibility while ensuring that the property remains well-maintained and tenancy regulations are followed. Section 2: Justification for Subleasing Considering the difficult circumstances that I face, I believe subleasing my unit is a responsible and reasonable choice. Below are the reasons supporting my decision: a. Temporary relocation: Due to an unforeseen work obligation, I will need to relocate temporarily for a period of [state duration]. Subleasing will allow me to honor my job commitments while simultaneously ensuring the continued payment of rent and the preservation of the property's condition. b. Financial stability: By finding a responsible subtenant, I will be able to ensure the steady flow of rental payments, thus reducing the risk of any financial burden that may arise from my temporary absence. c. Mitigation of losses: Allowing subleasing not only benefits me but also minimizes the potential loss you might incur from an unoccupied unit during my temporary absence. It would guarantee consistent rental income while giving you the assurance that the property remains occupied, helping to maintain its value. Section 3: Addressing Your Concerns I understand that as a landlord, you have valid concerns regarding subleasing. However, I am more than willing to address these issues and establish guidelines that safeguard the interests of all parties involved. I propose the following measures: a. Thorough screening process: I assure you that I will conduct a rigorous screening of potential subtenants. This includes background and credit checks to ensure they meet the same standards as stated in our lease agreement. b. Liability protection: I will provide the necessary legal documentation, such as a comprehensive sublease agreement, which will clearly outline the respective responsibilities and liabilities of all parties involved, thereby safeguarding your interests. Section 4: Alternative Solutions If you are still apprehensive about subleasing, I am open to exploring alternative solutions that address both our concerns. These may include: a. A temporary lease amendment: We can proceed with a temporary lease amendment to accommodate my necessary absence, while still ensuring compliance with local tenancy laws. b. Assisted search for a tenant: I would be more than willing to collaborate with you in finding a reliable tenant who meets your criteria, thereby assuming all responsibility should any issues arise during my absence. Conclusion: In conclusion, I appeal to your fairness and reasonableness as a landlord. The right to sublease, within legal limitations, is an essential component of the Costa Mesa Tenancy Laws and allows tenants to exercise practicality and responsibility. I sincerely hope you reconsider your decision and engage in a mutually beneficial resolution. Please feel free to reach out to me at your earliest convenience to discuss this matter further. Warm regards, [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address]Title: Challenging the Unreasonable Denial of Sublease in Costa Mesa, California: A Tenant's Detailed Letter to the Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent refusal to allow me to sublease my rental unit located in Costa Mesa, California. As a tenant, I firmly believe that your decision is unreasonable and goes against the principles of fairness and practicality, particularly considering the rights and legal considerations outlined in the Costa Mesa Tenancy Laws. I kindly request your attention to this matter and ask for the reconsideration of your decision. Section 1: The Right to Sublease in Costa Mesa, California In accordance with the Costa Mesa Tenancy Laws, tenants have the right to sublease their rental units, granted they adhere to the requirements established by the law and our existing lease agreement. This provision reflects the intention of the legislation to enable tenants to maintain flexibility while ensuring that the property remains well-maintained and tenancy regulations are followed. Section 2: Justification for Subleasing Considering the difficult circumstances that I face, I believe subleasing my unit is a responsible and reasonable choice. Below are the reasons supporting my decision: a. Temporary relocation: Due to an unforeseen work obligation, I will need to relocate temporarily for a period of [state duration]. Subleasing will allow me to honor my job commitments while simultaneously ensuring the continued payment of rent and the preservation of the property's condition. b. Financial stability: By finding a responsible subtenant, I will be able to ensure the steady flow of rental payments, thus reducing the risk of any financial burden that may arise from my temporary absence. c. Mitigation of losses: Allowing subleasing not only benefits me but also minimizes the potential loss you might incur from an unoccupied unit during my temporary absence. It would guarantee consistent rental income while giving you the assurance that the property remains occupied, helping to maintain its value. Section 3: Addressing Your Concerns I understand that as a landlord, you have valid concerns regarding subleasing. However, I am more than willing to address these issues and establish guidelines that safeguard the interests of all parties involved. I propose the following measures: a. Thorough screening process: I assure you that I will conduct a rigorous screening of potential subtenants. This includes background and credit checks to ensure they meet the same standards as stated in our lease agreement. b. Liability protection: I will provide the necessary legal documentation, such as a comprehensive sublease agreement, which will clearly outline the respective responsibilities and liabilities of all parties involved, thereby safeguarding your interests. Section 4: Alternative Solutions If you are still apprehensive about subleasing, I am open to exploring alternative solutions that address both our concerns. These may include: a. A temporary lease amendment: We can proceed with a temporary lease amendment to accommodate my necessary absence, while still ensuring compliance with local tenancy laws. b. Assisted search for a tenant: I would be more than willing to collaborate with you in finding a reliable tenant who meets your criteria, thereby assuming all responsibility should any issues arise during my absence. Conclusion: In conclusion, I appeal to your fairness and reasonableness as a landlord. The right to sublease, within legal limitations, is an essential component of the Costa Mesa Tenancy Laws and allows tenants to exercise practicality and responsibility. I sincerely hope you reconsider your decision and engage in a mutually beneficial resolution. Please feel free to reach out to me at your earliest convenience to discuss this matter further. Warm regards, [Your Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address]
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.
