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.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Subject: Unreasonable Refusal to Allow Sublease — Urgent Attention Required Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent denial of my request for subleasing my rental unit located at [property address], Santa Clara, California, as outlined in our lease agreement dated [lease start date]. I understand that as a landlord, you have certain rights and obligations to ensure the successful management of the property. However, I believe your refusal to allow subleasing in this particular case is unreasonable and goes against the spirit of fair tenancy practices. Allow me to clarify the reasons behind my concerns and provide relevant context to support my claim. Firstly, according to the lease agreement, tenants have the right to sublease the property under reasonable conditions and with the landlord's prior written approval. I duly followed the process by submitting a formal request for sublease on [date], providing all necessary information, including the proposed sublessee's background and contact details. Secondly, it is crucial to highlight that the sublessee I have found is a highly qualified individual with excellent references and a secure financial standing. He/she has expressed great interest in maintaining the property in its current state and adhering to all tenancy rules and regulations. I believe that this potential sublessee meets all the reasonable expectations and criteria for a responsible tenant. Furthermore, my decision to sublease the property is not motivated by any circumstantial or personal aspect. Due to an unexpected job relocation, which I have diligently informed you about, I find myself in a position where living at the rental unit is no longer feasible for me. Subleasing would allow me to fulfill my obligations under the lease agreement while ensuring a seamless transition for the new tenant and maintaining the property's upkeep. I kindly request you to reconsider your decision and provide valid justification for your refusal. If there are any specific concerns or reasons that led to the denial of my sublease request, I would appreciate a prompt and detailed response outlining them. Having clear justifications will help me evaluate the situation and determine the appropriate course of action moving forward. Additionally, if there are any conditions you would like to impose on the sublease arrangement, I am open to discussing them and reaching a mutual agreement. In case your refusal stands without reasonable cause, I regretfully inform you that this would go against our lease agreement's provisions and the principles of fair tenancy. As a tenant, I have the right to enjoy the full benefits and protections afforded to me by law, including the opportunity to sublease the property, subject to reasonable conditions. I trust that we can come to a mutually satisfactory resolution that accounts for both parties' interests and respects the rights of all involved. I kindly request a prompt response to this letter within [reasonable timeframe] from receipt, to avoid any further complications or disputes. Furthermore, I appreciate your understanding and cooperation in this matter. Thank you for your immediate attention to this significant issue. I look forward to resolving this matter amicably. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Subject: Unreasonable Refusal to Allow Sublease — Urgent Attention Required Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent denial of my request for subleasing my rental unit located at [property address], Santa Clara, California, as outlined in our lease agreement dated [lease start date]. I understand that as a landlord, you have certain rights and obligations to ensure the successful management of the property. However, I believe your refusal to allow subleasing in this particular case is unreasonable and goes against the spirit of fair tenancy practices. Allow me to clarify the reasons behind my concerns and provide relevant context to support my claim. Firstly, according to the lease agreement, tenants have the right to sublease the property under reasonable conditions and with the landlord's prior written approval. I duly followed the process by submitting a formal request for sublease on [date], providing all necessary information, including the proposed sublessee's background and contact details. Secondly, it is crucial to highlight that the sublessee I have found is a highly qualified individual with excellent references and a secure financial standing. He/she has expressed great interest in maintaining the property in its current state and adhering to all tenancy rules and regulations. I believe that this potential sublessee meets all the reasonable expectations and criteria for a responsible tenant. Furthermore, my decision to sublease the property is not motivated by any circumstantial or personal aspect. Due to an unexpected job relocation, which I have diligently informed you about, I find myself in a position where living at the rental unit is no longer feasible for me. Subleasing would allow me to fulfill my obligations under the lease agreement while ensuring a seamless transition for the new tenant and maintaining the property's upkeep. I kindly request you to reconsider your decision and provide valid justification for your refusal. If there are any specific concerns or reasons that led to the denial of my sublease request, I would appreciate a prompt and detailed response outlining them. Having clear justifications will help me evaluate the situation and determine the appropriate course of action moving forward. Additionally, if there are any conditions you would like to impose on the sublease arrangement, I am open to discussing them and reaching a mutual agreement. In case your refusal stands without reasonable cause, I regretfully inform you that this would go against our lease agreement's provisions and the principles of fair tenancy. As a tenant, I have the right to enjoy the full benefits and protections afforded to me by law, including the opportunity to sublease the property, subject to reasonable conditions. I trust that we can come to a mutually satisfactory resolution that accounts for both parties' interests and respects the rights of all involved. I kindly request a prompt response to this letter within [reasonable timeframe] from receipt, to avoid any further complications or disputes. Furthermore, I appreciate your understanding and cooperation in this matter. Thank you for your immediate attention to this significant issue. I look forward to resolving this matter amicably. Sincerely, [Your Name]
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.
