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: Addressing the Unreasonable Refusal of Sublease in Norwalk, California — A Letter from Tenant to Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my concerns regarding your recent decision to refuse me the opportunity to sublease my apartment at [property address]. As a tenant, I believe it is important to communicate openly and establish a mutual understanding. Therefore, I kindly request your attention as I present my case. 1. Overview of Subleasing: The concept of subleasing refers to the legal arrangement where a tenant leases their property or a part of it to another individual, known as the subtenant. This practice is usually carried out with the sole purpose of temporary and lawful use of the premises, while retaining the original tenant's contractual obligations towards the landlord. 2. The Right to Sublease: According to the California Civil Code Section 1951.4, unless explicitly prohibited in the rental agreement, tenants have the right to sublet their premises. I would like to emphasize that our rental agreement does not include any provisions that expressly prohibit subleasing. As a result, I am legally entitled to explore this option. 3. Financial Responsibility: I would like to assure you that by seeking a sublease, I am not attempting to escape my financial obligations. On the contrary, I fully understand and acknowledge my responsibility for the rent, any potential damages, and the subtenant's actions while subleasing the unit. Therefore, any concerns regarding potential loss of income or damage to the property can be effectively mitigated through my ongoing commitment and accountability. 4. Reliability and Tenant Screening: In light of the subleasing arrangement, it is noteworthy to mention that I will be actively involved in the selection process of a prospective subtenant. This allows me to assess their suitability and trustworthiness, ensuring that only individuals with a responsible and respectful nature will be considered. By assuming this responsibility, I aim to establish a seamless transition of occupancy which will help maintain the safety and integrity of the property. 5. Personal Circumstances: I would like to provide you with an understanding of the reasons behind my decision to sublease the premises. [Explain your personal circumstances, such as unexpected relocation due to a job transfer, financial difficulties, medical reasons, or any other valid factor affecting your ability to continue residing in the unit]. 6. Previous Successful Subleasing Experiences: It is essential to highlight that I have successfully subleased the property in the past during similar circumstances. The subleasing arrangement was executed responsibly and without any issues, resulting in a smooth and uninterrupted experience for both myself and the subtenants involved. This further attests to my capability to manage this process reliably and demonstrates my ability to select responsible occupants. Conclusion: In conclusion, I kindly request you to reconsider your decision and allow me the opportunity to sublease the property at [address]. I believe that by granting this request, we can find a solution that is mutually beneficial. I am committed to upholding my responsibilities as a tenant, ensuring the steady flow of rental payments, and maintaining the property's condition throughout the subleasing period. Furthermore, I appreciate your attention to this matter and look forward to open and constructive dialogue. Sincerely, [Your Name] [Your Contact Information]Title: Addressing the Unreasonable Refusal of Sublease in Norwalk, California — A Letter from Tenant to Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my concerns regarding your recent decision to refuse me the opportunity to sublease my apartment at [property address]. As a tenant, I believe it is important to communicate openly and establish a mutual understanding. Therefore, I kindly request your attention as I present my case. 1. Overview of Subleasing: The concept of subleasing refers to the legal arrangement where a tenant leases their property or a part of it to another individual, known as the subtenant. This practice is usually carried out with the sole purpose of temporary and lawful use of the premises, while retaining the original tenant's contractual obligations towards the landlord. 2. The Right to Sublease: According to the California Civil Code Section 1951.4, unless explicitly prohibited in the rental agreement, tenants have the right to sublet their premises. I would like to emphasize that our rental agreement does not include any provisions that expressly prohibit subleasing. As a result, I am legally entitled to explore this option. 3. Financial Responsibility: I would like to assure you that by seeking a sublease, I am not attempting to escape my financial obligations. On the contrary, I fully understand and acknowledge my responsibility for the rent, any potential damages, and the subtenant's actions while subleasing the unit. Therefore, any concerns regarding potential loss of income or damage to the property can be effectively mitigated through my ongoing commitment and accountability. 4. Reliability and Tenant Screening: In light of the subleasing arrangement, it is noteworthy to mention that I will be actively involved in the selection process of a prospective subtenant. This allows me to assess their suitability and trustworthiness, ensuring that only individuals with a responsible and respectful nature will be considered. By assuming this responsibility, I aim to establish a seamless transition of occupancy which will help maintain the safety and integrity of the property. 5. Personal Circumstances: I would like to provide you with an understanding of the reasons behind my decision to sublease the premises. [Explain your personal circumstances, such as unexpected relocation due to a job transfer, financial difficulties, medical reasons, or any other valid factor affecting your ability to continue residing in the unit]. 6. Previous Successful Subleasing Experiences: It is essential to highlight that I have successfully subleased the property in the past during similar circumstances. The subleasing arrangement was executed responsibly and without any issues, resulting in a smooth and uninterrupted experience for both myself and the subtenants involved. This further attests to my capability to manage this process reliably and demonstrates my ability to select responsible occupants. Conclusion: In conclusion, I kindly request you to reconsider your decision and allow me the opportunity to sublease the property at [address]. I believe that by granting this request, we can find a solution that is mutually beneficial. I am committed to upholding my responsibilities as a tenant, ensuring the steady flow of rental payments, and maintaining the property's condition throughout the subleasing period. Furthermore, I appreciate your attention to this matter and look forward to open and constructive dialogue. 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.
