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: Request for Reconsideration of Landlord's Unreasonable Sublease Refusal — Palmdale, California Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to address a matter that has recently come up regarding my residence at [your address]. I regret to inform you that I am disappointed by your refusal to allow the sublease of my rental unit, and I kindly request that you reconsider your decision. Before proceeding further, I would like to emphasize my understanding of the importance of maintaining the integrity and well-being of the property. As a responsible tenant, I am committed to ensuring that the terms of the lease agreement are upheld and that any sublessee adheres to the same guidelines and regulations as outlined in the lease. Palmdale, California, accommodates a diverse community, which often experiences an influx of individuals relocating due to job transfers, educational pursuits, or other unforeseen circumstances. In light of these situations, subleasing has become a reasonable solution for tenants facing unexpected changes in their living arrangements. As outlined in the rental laws of California, specifically Civil Code Section 1995.510 (a), a tenant has the right to sublet their rental unit unless the lease expressly prohibits it, subject to the landlord's reasonable consent. It is crucial to mention that the law does not grant landlords the absolute authority to unreasonably refuse consent to sublease. Considering this, I have prepared a comprehensive sublease agreement that includes terms, conditions, and a screening process for potential sublessees. By allowing me to sublease the property, you can have peace of mind knowing that I have taken appropriate measures to ensure that any sublessee meets the necessary requirements and will be held accountable for their actions. Allow me to highlight the potential benefits associated with granting my sublease request: 1. Consistency in Rent Payments: By subleasing the unit, I can fulfill my financial obligations without any disruptions, ensuring that rental payments are provided on time. 2. Enhanced Property Monitoring: Throughout the sublease period, I will continue to exercise close oversight and maintain responsibility for any damages or issues that arise. This reduces your workload and allows for prompt resolution. 3. Reliable Sublessees: Rest assured, I will conduct thorough background checks and screenings to ensure that only trustworthy individuals occupy the unit. Their details can be shared with you for added peace of mind. 4. Continuous Care for the Property: By temporarily subleasing, I will be able to keep the residence occupied and prevent unnecessary vacancies, reducing the chances of neglect or deterioration. In conclusion, the refusal to allow a suitable sublease arrangement is burdensome for both parties involved. By revisiting your decision and providing reasonable consent, we can maintain a beneficial landlord-tenant relationship and address the changing needs of the community effectively. I kindly request that you reconsider your position in light of the relevant legal provisions, the commitment I have shown as a responsible tenant, and the advantages of allowing subleasing. I assure you that I will be more than happy to discuss any concerns or clarify additional details related to this matter. Thank you for your prompt attention to this request. I look forward to receiving your favorable response within the next [reasonable time frame provided]. Should you require any further documentation or references, please do not hesitate to contact me. Sincerely, [Your Name] [Your Contact Information]Subject: Request for Reconsideration of Landlord's Unreasonable Sublease Refusal — Palmdale, California Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to address a matter that has recently come up regarding my residence at [your address]. I regret to inform you that I am disappointed by your refusal to allow the sublease of my rental unit, and I kindly request that you reconsider your decision. Before proceeding further, I would like to emphasize my understanding of the importance of maintaining the integrity and well-being of the property. As a responsible tenant, I am committed to ensuring that the terms of the lease agreement are upheld and that any sublessee adheres to the same guidelines and regulations as outlined in the lease. Palmdale, California, accommodates a diverse community, which often experiences an influx of individuals relocating due to job transfers, educational pursuits, or other unforeseen circumstances. In light of these situations, subleasing has become a reasonable solution for tenants facing unexpected changes in their living arrangements. As outlined in the rental laws of California, specifically Civil Code Section 1995.510 (a), a tenant has the right to sublet their rental unit unless the lease expressly prohibits it, subject to the landlord's reasonable consent. It is crucial to mention that the law does not grant landlords the absolute authority to unreasonably refuse consent to sublease. Considering this, I have prepared a comprehensive sublease agreement that includes terms, conditions, and a screening process for potential sublessees. By allowing me to sublease the property, you can have peace of mind knowing that I have taken appropriate measures to ensure that any sublessee meets the necessary requirements and will be held accountable for their actions. Allow me to highlight the potential benefits associated with granting my sublease request: 1. Consistency in Rent Payments: By subleasing the unit, I can fulfill my financial obligations without any disruptions, ensuring that rental payments are provided on time. 2. Enhanced Property Monitoring: Throughout the sublease period, I will continue to exercise close oversight and maintain responsibility for any damages or issues that arise. This reduces your workload and allows for prompt resolution. 3. Reliable Sublessees: Rest assured, I will conduct thorough background checks and screenings to ensure that only trustworthy individuals occupy the unit. Their details can be shared with you for added peace of mind. 4. Continuous Care for the Property: By temporarily subleasing, I will be able to keep the residence occupied and prevent unnecessary vacancies, reducing the chances of neglect or deterioration. In conclusion, the refusal to allow a suitable sublease arrangement is burdensome for both parties involved. By revisiting your decision and providing reasonable consent, we can maintain a beneficial landlord-tenant relationship and address the changing needs of the community effectively. I kindly request that you reconsider your position in light of the relevant legal provisions, the commitment I have shown as a responsible tenant, and the advantages of allowing subleasing. I assure you that I will be more than happy to discuss any concerns or clarify additional details related to this matter. Thank you for your prompt attention to this request. I look forward to receiving your favorable response within the next [reasonable time frame provided]. Should you require any further documentation or references, please do not hesitate to contact me. 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.
