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.
Subject: Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease in Oxnard, California Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing the rental property located at [property address] in Oxnard, California. After carefully reviewing the terms and conditions of our lease agreement, I am confident that your refusal is unreasonable and not in line with our rights as tenants. First and foremost, it is crucial to acknowledge that as tenants, we have the right to enjoy the property peacefully while adhering to our obligations specified in the lease agreement. This includes the freedom to sublease the property should the need arise, provided that all necessary conditions are met. Refusing a reasonable subleasing request without a valid justification severely restricts our rights as tenants. Furthermore, the lease agreement we entered into clearly outlines the terms and conditions for subleasing the property. [Optional: Attach a copy of the lease agreement to support your argument.] As per its provisions, I have fulfilled all requirements, including providing written notice, submitting comprehensive information about the proposed sublessee, and obtaining their consent to abide by the terms of our original lease agreement. It is important to note that subleasing the property is not only a matter of convenience for the tenant but also serves as a viable solution that benefits all parties involved. By subleasing, I have taken the utmost care to ensure that a responsible and reliable tenant will occupy the premises in my absence, thereby reducing the risk of property damage or any potential financial concerns. Moreover, this arrangement would ensure that all monthly rent payments are promptly and consistently made as agreed upon, eliminating any potential financial burden on your part. I believe it is essential to emphasize that by denying my request for subleasing, you are unnecessarily restricting my rights as a tenant and creating an inconvenience for both parties. Moreover, your refusal contradicts the spirit of our lease agreement and your role as a responsible landlord. In light of the above, I kindly request that you reconsider your decision and grant me permission to sublease the rental property. I assure you that I have made every effort to ensure that the proposed sublessee meets all the requirements outlined in our lease agreement. Granting approval for subleasing under these circumstances would not only be fair and reasonable but also aligned with the principles of cooperative and respectful tenancy. I kindly request your prompt response regarding this matter, as it pertains to our housing situation and my ability to fulfill my obligations as a tenant in Oxnard, California. I value our landlord-tenant relationship and believe that open communication will lead to an amicable resolution. Thank you for your attention to this matter. I look forward to hearing from you soon. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]Subject: Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease in Oxnard, California Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing the rental property located at [property address] in Oxnard, California. After carefully reviewing the terms and conditions of our lease agreement, I am confident that your refusal is unreasonable and not in line with our rights as tenants. First and foremost, it is crucial to acknowledge that as tenants, we have the right to enjoy the property peacefully while adhering to our obligations specified in the lease agreement. This includes the freedom to sublease the property should the need arise, provided that all necessary conditions are met. Refusing a reasonable subleasing request without a valid justification severely restricts our rights as tenants. Furthermore, the lease agreement we entered into clearly outlines the terms and conditions for subleasing the property. [Optional: Attach a copy of the lease agreement to support your argument.] As per its provisions, I have fulfilled all requirements, including providing written notice, submitting comprehensive information about the proposed sublessee, and obtaining their consent to abide by the terms of our original lease agreement. It is important to note that subleasing the property is not only a matter of convenience for the tenant but also serves as a viable solution that benefits all parties involved. By subleasing, I have taken the utmost care to ensure that a responsible and reliable tenant will occupy the premises in my absence, thereby reducing the risk of property damage or any potential financial concerns. Moreover, this arrangement would ensure that all monthly rent payments are promptly and consistently made as agreed upon, eliminating any potential financial burden on your part. I believe it is essential to emphasize that by denying my request for subleasing, you are unnecessarily restricting my rights as a tenant and creating an inconvenience for both parties. Moreover, your refusal contradicts the spirit of our lease agreement and your role as a responsible landlord. In light of the above, I kindly request that you reconsider your decision and grant me permission to sublease the rental property. I assure you that I have made every effort to ensure that the proposed sublessee meets all the requirements outlined in our lease agreement. Granting approval for subleasing under these circumstances would not only be fair and reasonable but also aligned with the principles of cooperative and respectful tenancy. I kindly request your prompt response regarding this matter, as it pertains to our housing situation and my ability to fulfill my obligations as a tenant in Oxnard, California. I value our landlord-tenant relationship and believe that open communication will lead to an amicable resolution. Thank you for your attention to this matter. I look forward to hearing from you soon. Sincerely, [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.
