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: Urgent Concern Regarding Landlord's Unreasonable Disapproval of Sublease in Temecula, California Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. My purpose in writing today is to express my sincere concern regarding your recent refusal to allow me to sublease my rental property located at [property address] here in beautiful Temecula, California. As you are well aware, the option to sublease is a vital and reasonable solution for tenants who find themselves in need of temporary relocation or financial assistance. Unfortunately, your current stance on this matter appears to be unreasonable and unjustifiable. It is my belief that allowing subleasing under specific circumstances not only benefits tenants but can also be advantageous for conscientious landlords, fostering a positive community and ensuring continued upkeep of the property. In light of this, I kindly request you to reconsider your decision and outline the valid reasons for your refusal. Doing so will enable us to address any concerns you may have while allowing us to find a fair and agreeable resolution for both parties involved. Below, I would like to emphasize a few significant points that support my belief that your refusal lacks reasonability: 1. Financial Responsibility: By subleasing the property, I remain fully liable for any financial obligations, including rent payments and property damages, as stated in the original lease agreement. These reliefs you, as the landlord, of any financial risk or uncertainty. 2. Vetting Process: As per the terms outlined in the original lease agreement, I am fully committed to finding a responsible and trustworthy subtenant who meets all necessary background and credit checks, ensuring the integrity of your property and safeguarding the rights and interests of all parties involved. 3. Property Maintenance: Subleasing will not diminish my responsibility for the property's upkeep, repairs, or compliance with local housing regulations. I shall ensure that the subtenant adheres to the same standards and care as expected by you, mitigating any concerns you may have regarding the proper management of the property. 4. Open Communication: I want to assure you that I genuinely value our landlord-tenant relationship. If you have any particular concerns about the subleasing process, I am more than willing to engage in a constructive conversation. By discussing our individual perspectives, we may seek alternative arrangements that address your concerns while ensuring that my personal needs are met. 5. Local Laws and Regulations: It is important to remember that the laws governing tenancy in Temecula, California, encourage reasonable accommodation for tenants and subleasing unless limited or explicitly forbidden within the lease. Denying subleasing rights without substantial justification may be deemed unreasonable and potentially in violation of the legal framework. I would greatly appreciate a prompt reconsideration of your decision and would be more than willing to engage in further discussions to address any reservations you may have. It is my utmost desire to maintain a harmonious and mutually beneficial relationship moving forward. Please let me know at your earliest convenience how we can proceed to resolve this matter amicably. I look forward to hearing from you within [reasonable time frame]. Sincerely, [Your Name] [Tenant's Address] [City, State, ZIP Code] [Phone Number] [Email Address]Subject: Urgent Concern Regarding Landlord's Unreasonable Disapproval of Sublease in Temecula, California Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. My purpose in writing today is to express my sincere concern regarding your recent refusal to allow me to sublease my rental property located at [property address] here in beautiful Temecula, California. As you are well aware, the option to sublease is a vital and reasonable solution for tenants who find themselves in need of temporary relocation or financial assistance. Unfortunately, your current stance on this matter appears to be unreasonable and unjustifiable. It is my belief that allowing subleasing under specific circumstances not only benefits tenants but can also be advantageous for conscientious landlords, fostering a positive community and ensuring continued upkeep of the property. In light of this, I kindly request you to reconsider your decision and outline the valid reasons for your refusal. Doing so will enable us to address any concerns you may have while allowing us to find a fair and agreeable resolution for both parties involved. Below, I would like to emphasize a few significant points that support my belief that your refusal lacks reasonability: 1. Financial Responsibility: By subleasing the property, I remain fully liable for any financial obligations, including rent payments and property damages, as stated in the original lease agreement. These reliefs you, as the landlord, of any financial risk or uncertainty. 2. Vetting Process: As per the terms outlined in the original lease agreement, I am fully committed to finding a responsible and trustworthy subtenant who meets all necessary background and credit checks, ensuring the integrity of your property and safeguarding the rights and interests of all parties involved. 3. Property Maintenance: Subleasing will not diminish my responsibility for the property's upkeep, repairs, or compliance with local housing regulations. I shall ensure that the subtenant adheres to the same standards and care as expected by you, mitigating any concerns you may have regarding the proper management of the property. 4. Open Communication: I want to assure you that I genuinely value our landlord-tenant relationship. If you have any particular concerns about the subleasing process, I am more than willing to engage in a constructive conversation. By discussing our individual perspectives, we may seek alternative arrangements that address your concerns while ensuring that my personal needs are met. 5. Local Laws and Regulations: It is important to remember that the laws governing tenancy in Temecula, California, encourage reasonable accommodation for tenants and subleasing unless limited or explicitly forbidden within the lease. Denying subleasing rights without substantial justification may be deemed unreasonable and potentially in violation of the legal framework. I would greatly appreciate a prompt reconsideration of your decision and would be more than willing to engage in further discussions to address any reservations you may have. It is my utmost desire to maintain a harmonious and mutually beneficial relationship moving forward. Please let me know at your earliest convenience how we can proceed to resolve this matter amicably. I look forward to hearing from you within [reasonable time frame]. Sincerely, [Your Name] [Tenant's 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.
