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.
San Jose California Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Subject: Notice of Disagreement Regarding Landlord's Refusal to Allow Sublease Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern and disagreement with your decision to refuse my request for subleasing the property located at [Address]. I believe that your denial is unreasonable and goes against the best interests of both parties involved. As per the terms of our current lease agreement, signed on [Date], Section [Insert Section Number], it clearly states that subletting is allowed with the landlord's prior written consent. I have followed the appropriate procedures by providing you with a detailed sublease application, along with all the necessary documentation required to evaluate the proposed subtenant's suitability. Despite this, you have unreasonably denied my request, without any valid justification. Allowing subleasing benefits both the tenant and the landlord. By subletting, I can ensure the continuity of rent payments while I am temporarily unable to occupy the premises. It relieves me of the undue financial burden of paying rent for an unoccupied property, which is particularly crucial during these uncertain times. Furthermore, by subletting, I ensure that the property remains occupied and well-maintained, as I have taken care to find a responsible and reliable subtenant who meets all the criteria outlined in our original lease agreement. This will, in turn, protect and preserve the value of the property and ensure that it is well-taken care of throughout the sublease period. It is also important to note that under California law, particularly the California Civil Code Section 1954, tenants have the right to sublease their rental properties unless there is a reasonable objection by the landlord. However, your refusal to grant consent without providing a valid reason places you in violation of this law. In light of the above, I kindly request that you reconsider your decision and grant the necessary consent for the sublease. I assure you that I have taken all necessary precautions to ensure that the subtenant will meet their obligations, and I am willing to provide any additional information or documentation you may require to alleviate any concerns. If you continue to refuse to grant consent without a valid reason, I may be forced to seek legal recourse to protect my rights as outlined by California law. I truly hope it does not come to that, as I believe that resolving this matter amicably and reasonably is in everyone's best interest. Please respond to this letter within [reasonable time frame], acknowledging your reconsideration or providing a detailed explanation for your denial. I appreciate your prompt attention to this matter and I hope we can come to a mutually agreeable solution. Thank you for your understanding and cooperation. Sincerely, [Your Name] [Your Signature] Types of San Jose California Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable could include: 1. Formal Notice of Disagreement Regarding Landlord's Unreasonable Refusal to Allow Sublease 2. Sublease Request Reconsideration Letter to Landlord in San Jose California 3. California Tenant's Letter in Dispute Against Landlord's Refusal to Allow Sublease in San Jose.San Jose California Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Subject: Notice of Disagreement Regarding Landlord's Refusal to Allow Sublease Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern and disagreement with your decision to refuse my request for subleasing the property located at [Address]. I believe that your denial is unreasonable and goes against the best interests of both parties involved. As per the terms of our current lease agreement, signed on [Date], Section [Insert Section Number], it clearly states that subletting is allowed with the landlord's prior written consent. I have followed the appropriate procedures by providing you with a detailed sublease application, along with all the necessary documentation required to evaluate the proposed subtenant's suitability. Despite this, you have unreasonably denied my request, without any valid justification. Allowing subleasing benefits both the tenant and the landlord. By subletting, I can ensure the continuity of rent payments while I am temporarily unable to occupy the premises. It relieves me of the undue financial burden of paying rent for an unoccupied property, which is particularly crucial during these uncertain times. Furthermore, by subletting, I ensure that the property remains occupied and well-maintained, as I have taken care to find a responsible and reliable subtenant who meets all the criteria outlined in our original lease agreement. This will, in turn, protect and preserve the value of the property and ensure that it is well-taken care of throughout the sublease period. It is also important to note that under California law, particularly the California Civil Code Section 1954, tenants have the right to sublease their rental properties unless there is a reasonable objection by the landlord. However, your refusal to grant consent without providing a valid reason places you in violation of this law. In light of the above, I kindly request that you reconsider your decision and grant the necessary consent for the sublease. I assure you that I have taken all necessary precautions to ensure that the subtenant will meet their obligations, and I am willing to provide any additional information or documentation you may require to alleviate any concerns. If you continue to refuse to grant consent without a valid reason, I may be forced to seek legal recourse to protect my rights as outlined by California law. I truly hope it does not come to that, as I believe that resolving this matter amicably and reasonably is in everyone's best interest. Please respond to this letter within [reasonable time frame], acknowledging your reconsideration or providing a detailed explanation for your denial. I appreciate your prompt attention to this matter and I hope we can come to a mutually agreeable solution. Thank you for your understanding and cooperation. Sincerely, [Your Name] [Your Signature] Types of San Jose California Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable could include: 1. Formal Notice of Disagreement Regarding Landlord's Unreasonable Refusal to Allow Sublease 2. Sublease Request Reconsideration Letter to Landlord in San Jose California 3. California Tenant's Letter in Dispute Against Landlord's Refusal to Allow Sublease in San Jose.
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.
