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: Dispute on Landlord's Unreasonable Refusal to Allow Sublease in Hialeah, Florida Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing my rental property located in Hialeah, Florida. I believe your denial is unjustifiable, and I would like to discuss this matter further in hopes of reaching a fair resolution. First and foremost, it is important to mention that my request for subleasing has been prompted by a significant change in my personal circumstances. [Provide relevant details such as job relocation, medical condition, or financial hardship, if applicable.] Given the circumstances, subleasing the property appears to be the most reasonable option for me to fulfill the terms of our rental agreement without undue financial burden. Furthermore, I would like to draw your attention to the lease agreement we both signed, which does not explicitly restrict subleasing. The absence of any subleasing clause signifies that as long as the tenant meets the necessary criteria, the tenant should be entitled to sublease the property. Denying this basic tenant right without justifiable cause demonstrates an unfair interpretation of our agreed-upon terms. Additionally, it is crucial to acknowledge that the rental market in Hialeah, Florida is highly competitive, especially during the [mention relevant season or local events]. With the recent surge in demand for housing, finding a qualified replacement tenant might prove difficult and time-consuming. By forbidding subleasing, you are effectively limiting my options and forcing me into a disadvantageous position. I wish to resolve this matter amicably and propose the following alternatives for your consideration: 1. Allow me to sublease the property under reasonable conditions, such as conducting thorough background checks and requiring the sublessee to meet all standard rental criteria. 2. Permit a temporary lease modification, granting me a shorter lease term or rent reduction to accommodate my changing circumstances until a suitable sublessee can be found. 3. Work with me to find a suitable replacement tenant, sharing the responsibility and cost of advertising and screening applicants. It is of utmost importance to maintain a positive landlord-tenant relationship, and I believe finding a fair resolution to this matter would benefit both parties involved. Should you continue to deny my request without justifiable cause, I may be left with no alternative but to explore legal remedies available to me under Florida's landlord-tenant laws. Please reply within [reasonable timeframe] to arrange a meeting or provide a written response. I am eager to discuss this matter further and arrive at a mutually acceptable resolution. Feel free to contact me at [your phone number] or [your email address] at your earliest convenience. Thank you for your attention to this matter, and I look forward to your prompt response. Sincerely, [Your Name] [Tenant's Address] [Tenant's Phone Number] [Tenant's Email Address] Other possible variations of the letter: — Letter from Tenant to Landlord about Unreasonable Denial of Sublease Request in Hialeah, Florida — Tenant's Formal Complaint Regarding Landlord's Unreasonable Prohibition of Subleasing in Hialeah, Florida — Hialeah, Florida: Tenant's Dispute with Landlord Over Unjustified Refusal to Allow Sublease
Subject: Dispute on Landlord's Unreasonable Refusal to Allow Sublease in Hialeah, Florida Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing my rental property located in Hialeah, Florida. I believe your denial is unjustifiable, and I would like to discuss this matter further in hopes of reaching a fair resolution. First and foremost, it is important to mention that my request for subleasing has been prompted by a significant change in my personal circumstances. [Provide relevant details such as job relocation, medical condition, or financial hardship, if applicable.] Given the circumstances, subleasing the property appears to be the most reasonable option for me to fulfill the terms of our rental agreement without undue financial burden. Furthermore, I would like to draw your attention to the lease agreement we both signed, which does not explicitly restrict subleasing. The absence of any subleasing clause signifies that as long as the tenant meets the necessary criteria, the tenant should be entitled to sublease the property. Denying this basic tenant right without justifiable cause demonstrates an unfair interpretation of our agreed-upon terms. Additionally, it is crucial to acknowledge that the rental market in Hialeah, Florida is highly competitive, especially during the [mention relevant season or local events]. With the recent surge in demand for housing, finding a qualified replacement tenant might prove difficult and time-consuming. By forbidding subleasing, you are effectively limiting my options and forcing me into a disadvantageous position. I wish to resolve this matter amicably and propose the following alternatives for your consideration: 1. Allow me to sublease the property under reasonable conditions, such as conducting thorough background checks and requiring the sublessee to meet all standard rental criteria. 2. Permit a temporary lease modification, granting me a shorter lease term or rent reduction to accommodate my changing circumstances until a suitable sublessee can be found. 3. Work with me to find a suitable replacement tenant, sharing the responsibility and cost of advertising and screening applicants. It is of utmost importance to maintain a positive landlord-tenant relationship, and I believe finding a fair resolution to this matter would benefit both parties involved. Should you continue to deny my request without justifiable cause, I may be left with no alternative but to explore legal remedies available to me under Florida's landlord-tenant laws. Please reply within [reasonable timeframe] to arrange a meeting or provide a written response. I am eager to discuss this matter further and arrive at a mutually acceptable resolution. Feel free to contact me at [your phone number] or [your email address] at your earliest convenience. Thank you for your attention to this matter, and I look forward to your prompt response. Sincerely, [Your Name] [Tenant's Address] [Tenant's Phone Number] [Tenant's Email Address] Other possible variations of the letter: — Letter from Tenant to Landlord about Unreasonable Denial of Sublease Request in Hialeah, Florida — Tenant's Formal Complaint Regarding Landlord's Unreasonable Prohibition of Subleasing in Hialeah, Florida — Hialeah, Florida: Tenant's Dispute with Landlord Over Unjustified Refusal to Allow Sublease
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.
