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. Title: Challenging the Refusal to Allow Sublease: A Letter from Pompano Beach Tenant to Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you in good health and spirits. I am writing to address a matter of great concern regarding your recent decision to refuse my request for subleasing the property located at [property address], in Pompano Beach, Florida. It is my sincerest belief that your denial of this request is unreasonable, and I would like to present my arguments in support of subleasing as a responsible and viable solution. 1. Legal Right to Sublease: As per the terms of our lease agreement, there is no explicit provision disallowing subleasing. Under Florida law and in most contractual agreements, tenants are granted the right to sublet their premises unless explicitly prohibited in writing. As such, your decision goes against the established legal norms and deprives me of a right I am entitled to exercise. 2. Responsible Tenant Selection: I assure you that my intention to sublease the property is driven by a responsible and diligent selection process. It is my duty to find a sublessee who is both financially stable and capable of maintaining the property's condition. By refusing the sublease, you are preventing me from fulfilling my obligation as a responsible tenant, resulting in unnecessary financial burden and potential property neglect. 3. Mitigating Financial Burden: Subletting represents an opportunity for me to mitigate the financial burden imposed by the lease agreement. The economic impact of the COVID-19 pandemic has significantly affected my financial stability, making it increasingly challenging to fulfill the lease obligations entirely on my own. By refusing subleasing, you are disregarding my financial constraints and preventing me from finding a suitable solution to sustain my tenancy. 4. Preservation of Property: I understand your concerns regarding the preservation and maintenance of the property. However, it is crucial to note that I would remain legally responsible for any damages caused by the sublessee. Furthermore, I am committed to ensuring that the sublessee complies with all lease terms, maintaining the property's condition to the same standards as set by our agreement. The refusal to sublease solely on the grounds of potential property damage lacks reasonableness and fairness. 5. Open Communication and Cooperation: I believe that fostering open communication and cooperation is pivotal in our tenant-landlord relationship. Through subleasing, I am striving to find a mutually beneficial arrangement that not only benefits me but also aligns with your interests as the landlord. I kindly request that we engage in a constructive dialogue to explore potential solutions, such as reviewing sublessee candidates together or amending the lease agreement to address your concerns. Conclusion: In conclusion, I assert that your refusal to allow subleasing is unreasonable and violates my rights as a tenant under the law. I strongly urge you to reconsider your decision and engage in a cooperative discussion to find a solution that satisfies both parties. You're understanding and cooperation during these challenging times would be greatly appreciated. Sincerely, [Your Name] [Your Contact Information]
Title: Challenging the Refusal to Allow Sublease: A Letter from Pompano Beach Tenant to Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you in good health and spirits. I am writing to address a matter of great concern regarding your recent decision to refuse my request for subleasing the property located at [property address], in Pompano Beach, Florida. It is my sincerest belief that your denial of this request is unreasonable, and I would like to present my arguments in support of subleasing as a responsible and viable solution. 1. Legal Right to Sublease: As per the terms of our lease agreement, there is no explicit provision disallowing subleasing. Under Florida law and in most contractual agreements, tenants are granted the right to sublet their premises unless explicitly prohibited in writing. As such, your decision goes against the established legal norms and deprives me of a right I am entitled to exercise. 2. Responsible Tenant Selection: I assure you that my intention to sublease the property is driven by a responsible and diligent selection process. It is my duty to find a sublessee who is both financially stable and capable of maintaining the property's condition. By refusing the sublease, you are preventing me from fulfilling my obligation as a responsible tenant, resulting in unnecessary financial burden and potential property neglect. 3. Mitigating Financial Burden: Subletting represents an opportunity for me to mitigate the financial burden imposed by the lease agreement. The economic impact of the COVID-19 pandemic has significantly affected my financial stability, making it increasingly challenging to fulfill the lease obligations entirely on my own. By refusing subleasing, you are disregarding my financial constraints and preventing me from finding a suitable solution to sustain my tenancy. 4. Preservation of Property: I understand your concerns regarding the preservation and maintenance of the property. However, it is crucial to note that I would remain legally responsible for any damages caused by the sublessee. Furthermore, I am committed to ensuring that the sublessee complies with all lease terms, maintaining the property's condition to the same standards as set by our agreement. The refusal to sublease solely on the grounds of potential property damage lacks reasonableness and fairness. 5. Open Communication and Cooperation: I believe that fostering open communication and cooperation is pivotal in our tenant-landlord relationship. Through subleasing, I am striving to find a mutually beneficial arrangement that not only benefits me but also aligns with your interests as the landlord. I kindly request that we engage in a constructive dialogue to explore potential solutions, such as reviewing sublessee candidates together or amending the lease agreement to address your concerns. Conclusion: In conclusion, I assert that your refusal to allow subleasing is unreasonable and violates my rights as a tenant under the law. I strongly urge you to reconsider your decision and engage in a cooperative discussion to find a solution that satisfies both parties. You're understanding and cooperation during these challenging times would be greatly appreciated. Sincerely, [Your Name] [Your Contact Information]
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.
