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.
Los Angeles California is known for its bustling real estate market and high rental prices. Many tenants in the city rely on subleasing their apartments or homes to help cover the cost of living. However, some landlords are unwilling to allow subleases, which can create hardship for tenants. In this letter, we will explore the reasons why a landlord's refusal to allow sublease is unreasonable and the potential consequences it may have on the tenant. Subject: Unreasonable Refusal to Allow Sublease — Urgent Attention Required Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern and disappointment regarding your recent decision to refuse my request for subleasing my apartment located at [address]. I believe this refusal is unreasonable and unjustified, seriously hindering my ability to meet my financial obligations while residing in your property. First and foremost, I would like to emphasize that my request for sublease is not driven by mere convenience or personal preference; it is borne out of a genuine need to alleviate the financial burden of this high-cost city. As you are aware, Los Angeles has one of the highest rental rates in the country, and the cost of living steadily rises year after year. The inability to sublease my apartment places an unjust and disproportionate economic strain on me. Moreover, allowing subleases is a common practice in many rental agreements and is even permitted under California law. The California Civil Code section 1940.1 grants tenants the explicit right to find a replacement tenant if they wish to vacate the premises before the lease term ends. Denying me this right goes against the spirit of the law and contradicts the landlord-tenant relationship based on fair dealing and mutual respect. It is also important to note that my subleasing request is not arbitrary or frivolous. I have thoroughly vetted potential subtenants to ensure they are responsible and reliable individuals who will respect the property and abide by all lease terms. By refusing my reasonable request, you disregard the careful selection process I have undertaken to find a suitable replacement tenant. Moreover, by denying my request for subleasing, you are effectively preventing me from exercising my rights as a lawful tenant and disrupting my ability to fulfill my lease obligations. The financial and emotional stress caused by this denial is untenable and may ultimately force me to consider drastic measures, such as breaking the lease agreement prematurely or seeking legal remedies for the infringement of my tenant rights. In light of the above, I kindly request you to reconsider your decision and permit me to sublease my apartment. Doing so would not only demonstrate your understanding of the unique challenges faced by tenants in Los Angeles but also foster a positive landlord-tenant relationship based on open communication and fairness. If you remain adamantly opposed to the idea of subleasing, I respectfully request a meeting between us to discuss alternative measures that can alleviate the financial burden I now face. Your prompt attention to this matter is greatly appreciated. Thank you for your understanding and cooperation. I eagerly await your response. Sincerely, [Your Name] [Tenant's Address] [City, State, ZIP] [Phone Number] [Email Address]Los Angeles California is known for its bustling real estate market and high rental prices. Many tenants in the city rely on subleasing their apartments or homes to help cover the cost of living. However, some landlords are unwilling to allow subleases, which can create hardship for tenants. In this letter, we will explore the reasons why a landlord's refusal to allow sublease is unreasonable and the potential consequences it may have on the tenant. Subject: Unreasonable Refusal to Allow Sublease — Urgent Attention Required Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern and disappointment regarding your recent decision to refuse my request for subleasing my apartment located at [address]. I believe this refusal is unreasonable and unjustified, seriously hindering my ability to meet my financial obligations while residing in your property. First and foremost, I would like to emphasize that my request for sublease is not driven by mere convenience or personal preference; it is borne out of a genuine need to alleviate the financial burden of this high-cost city. As you are aware, Los Angeles has one of the highest rental rates in the country, and the cost of living steadily rises year after year. The inability to sublease my apartment places an unjust and disproportionate economic strain on me. Moreover, allowing subleases is a common practice in many rental agreements and is even permitted under California law. The California Civil Code section 1940.1 grants tenants the explicit right to find a replacement tenant if they wish to vacate the premises before the lease term ends. Denying me this right goes against the spirit of the law and contradicts the landlord-tenant relationship based on fair dealing and mutual respect. It is also important to note that my subleasing request is not arbitrary or frivolous. I have thoroughly vetted potential subtenants to ensure they are responsible and reliable individuals who will respect the property and abide by all lease terms. By refusing my reasonable request, you disregard the careful selection process I have undertaken to find a suitable replacement tenant. Moreover, by denying my request for subleasing, you are effectively preventing me from exercising my rights as a lawful tenant and disrupting my ability to fulfill my lease obligations. The financial and emotional stress caused by this denial is untenable and may ultimately force me to consider drastic measures, such as breaking the lease agreement prematurely or seeking legal remedies for the infringement of my tenant rights. In light of the above, I kindly request you to reconsider your decision and permit me to sublease my apartment. Doing so would not only demonstrate your understanding of the unique challenges faced by tenants in Los Angeles but also foster a positive landlord-tenant relationship based on open communication and fairness. If you remain adamantly opposed to the idea of subleasing, I respectfully request a meeting between us to discuss alternative measures that can alleviate the financial burden I now face. Your prompt attention to this matter is greatly appreciated. Thank you for your understanding and cooperation. I eagerly await your response. Sincerely, [Your Name] [Tenant's Address] [City, State, ZIP] [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.