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: Unreasonable Refusal of Sublease Request — Urgent Matter Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent refusal to allow me to sublease my rental unit at [address] in Victorville, California. I believe your decision to be unreasonable and unjustifiable, and it is essential for us to discuss this matter further. Firstly, it is important to highlight the reasons prompting my need for a sublease. [Provide detailed explanations such as health issues, work relocation, or financial constraints.]. These circumstances have arisen unexpectedly, leaving me with no alternative but to seek a suitable tenant to sublease the property temporarily. This sublease arrangement would not only ensure that I fulfill my obligations as a tenant but also guarantee timely rent payments for the duration of the sublease. According to the California Civil Code § 1951.4, a landlord's refusal to allow subletting must be reasonable and cannot be based on arbitrary or capricious grounds. Evaluating the reasonableness of your decision, I would like to draw attention to a few key points: 1. Financial Stability: The prospective subtenant has provided extensive documentation proving their financial capability to meet rent obligations during the sublease period. Their steady income and positive credit history provide a strong basis for your confidence in their ability to maintain the property. 2. Tenant Screening: I assure you that I have diligently conducted a thorough background check and vetting process for the potential subtenant. This includes verifying their employment, rental history, and conducting a credit check as per standard practice. By providing you with this information, I am demonstrating my commitment to ensuring the subtenant's suitability and the overall safety and well-being of the property. 3. Property Management: Throughout my tenancy, I have consistently adhered to the terms of the lease agreement, maintaining the property in excellent condition. I have promptly reported any necessary repairs or maintenance concerns, and I will continue to monitor the premises, even during the sublease period, to ensure its adequate upkeep and protect our shared investment. Given the above facts, I strongly believe that your refusal to allow a sublease arrangement is unwarranted and goes against the best interests of all parties involved. Moreover, your decision places an unfair financial burden and inconvenience solely on my shoulders, hindering my ability to fulfill my obligations while effectively trapping me in a lease agreement that doesn't meet my current needs. Considering the circumstances, I kindly request that you reconsider your decision and provide me with a written response within [reasonable timeframe]. Additionally, I would be grateful to schedule a meeting or discuss this matter over the phone to find a mutually beneficial solution. I hope that we can resolve this matter amicably, as an unnecessary dispute would only lead to increased distress and potential legal implications. I understand that as the landlord, you have a responsibility to protect your property, but I believe that, in this case, subleasing would serve all parties involved harmoniously. Thanking you for your understanding and prompt attention to this matter. Sincerely, [Your Name] [Tenant's Contact Information: Phone Number, Email Address] [Date] --- Alternate Types of Victorville California Letters from Tenant to Landlord about Landlord's Refusal to Allow Sublease: 1. Informal Letter: This type of letter could be used when the relationship between the tenant and landlord is more amicable, requesting a sublease with a friendly tone. 2. Legal Notice: In cases where the landlord's refusal is in clear violation of state or local laws, a formal legal notice may be written to assert the tenant's rights and urge compliance. 3. Mediation Request: If negotiations have reached an impasse, a mediation request letter can be submitted to involve a neutral third party in resolving the dispute. 4. Termination Notice: In extreme cases, where the landlord continues to unreasonably reject the legitimate sublease request, the tenant may be forced to give notice of intent to terminate the lease contract based on the landlord's breach of contract terms.Subject: Unreasonable Refusal of Sublease Request — Urgent Matter Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent refusal to allow me to sublease my rental unit at [address] in Victorville, California. I believe your decision to be unreasonable and unjustifiable, and it is essential for us to discuss this matter further. Firstly, it is important to highlight the reasons prompting my need for a sublease. [Provide detailed explanations such as health issues, work relocation, or financial constraints.]. These circumstances have arisen unexpectedly, leaving me with no alternative but to seek a suitable tenant to sublease the property temporarily. This sublease arrangement would not only ensure that I fulfill my obligations as a tenant but also guarantee timely rent payments for the duration of the sublease. According to the California Civil Code § 1951.4, a landlord's refusal to allow subletting must be reasonable and cannot be based on arbitrary or capricious grounds. Evaluating the reasonableness of your decision, I would like to draw attention to a few key points: 1. Financial Stability: The prospective subtenant has provided extensive documentation proving their financial capability to meet rent obligations during the sublease period. Their steady income and positive credit history provide a strong basis for your confidence in their ability to maintain the property. 2. Tenant Screening: I assure you that I have diligently conducted a thorough background check and vetting process for the potential subtenant. This includes verifying their employment, rental history, and conducting a credit check as per standard practice. By providing you with this information, I am demonstrating my commitment to ensuring the subtenant's suitability and the overall safety and well-being of the property. 3. Property Management: Throughout my tenancy, I have consistently adhered to the terms of the lease agreement, maintaining the property in excellent condition. I have promptly reported any necessary repairs or maintenance concerns, and I will continue to monitor the premises, even during the sublease period, to ensure its adequate upkeep and protect our shared investment. Given the above facts, I strongly believe that your refusal to allow a sublease arrangement is unwarranted and goes against the best interests of all parties involved. Moreover, your decision places an unfair financial burden and inconvenience solely on my shoulders, hindering my ability to fulfill my obligations while effectively trapping me in a lease agreement that doesn't meet my current needs. Considering the circumstances, I kindly request that you reconsider your decision and provide me with a written response within [reasonable timeframe]. Additionally, I would be grateful to schedule a meeting or discuss this matter over the phone to find a mutually beneficial solution. I hope that we can resolve this matter amicably, as an unnecessary dispute would only lead to increased distress and potential legal implications. I understand that as the landlord, you have a responsibility to protect your property, but I believe that, in this case, subleasing would serve all parties involved harmoniously. Thanking you for your understanding and prompt attention to this matter. Sincerely, [Your Name] [Tenant's Contact Information: Phone Number, Email Address] [Date] --- Alternate Types of Victorville California Letters from Tenant to Landlord about Landlord's Refusal to Allow Sublease: 1. Informal Letter: This type of letter could be used when the relationship between the tenant and landlord is more amicable, requesting a sublease with a friendly tone. 2. Legal Notice: In cases where the landlord's refusal is in clear violation of state or local laws, a formal legal notice may be written to assert the tenant's rights and urge compliance. 3. Mediation Request: If negotiations have reached an impasse, a mediation request letter can be submitted to involve a neutral third party in resolving the dispute. 4. Termination Notice: In extreme cases, where the landlord continues to unreasonably reject the legitimate sublease request, the tenant may be forced to give notice of intent to terminate the lease contract based on the landlord's breach of contract terms.
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.
