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 an Unreasonable Refusal to Allow Sublease: St. Petersburg, Florida Tenant's Letter to Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you well. First and foremost, I would like to express my gratitude for your continuous support throughout my tenancy at [Property Address], St. Petersburg, Florida. However, I am writing to address a matter that has recently arisen, specifically your refusal to grant my request for subleasing the premises. I believe your decision is unreasonable and unjustified, disregarding my rights as a tenant in accordance with Florida's landlord-tenant laws and our lease agreement. 1. Importance of Subleasing: Subleasing is an integral aspect of leasing arrangements that allows tenants flexibility and financial relief when they face unexpected circumstances or are unable to occupy the property for a temporary period. Many tenants, including myself, view subleasing as an essential safeguard against potential financial burdens, as it offers a viable solution to mitigate the effects of unforeseen events such as job transfers, medical emergencies, or sabbatical leaves. 2. Protecting the Interests of All Parties: Florida law recognizes the right of tenants to sublet their rental units, subject to reasonable regulations outlined in the lease agreement. As a responsible and conscientious tenant, I have ensured that the prospective sublessee meets all the necessary criteria, thereby protecting your interests as well. By refusing my request for sublease without valid grounds, you deny yourself the opportunity to assess the sublessee's qualifications and risk leaving the property unoccupied, potentially causing financial loss to both parties involved. 3. Compliance with Florida's Landlord-Tenant Laws: In St. Petersburg, and throughout Florida, landlords are expected to act reasonably in their decisions regarding subleasing requests. Florida Statute § 83.03(5) clearly states that landlords may not unreasonably withhold consent to sublease. Furthermore, your right to deny a sublease exists only if there are reasonable grounds such as sublessee's poor credit history, illegal activities, or threat to the property's safety and security. It is essential to evaluate these factors impartially in order to maintain a fair and harmonious landlord-tenant relationship. 4. Mitigating the Landlord's Concerns: Understanding your concerns regarding subleasing, I would like to propose a compromise that addresses any potential risks you may have identified. I am willing to assume full responsibility by providing a thorough screening process for potential sublessees, conducting background checks, and requiring them to comply with our lease agreement's terms and conditions. By imposing these additional measures, I aim to demonstrate my commitment to preserving the property's integrity and upholding your interests during the subleasing period. 5. Seeking an Amicable Resolution: In light of the aforementioned arguments, I kindly request that you reconsider your decision and grant me permission to sublease the premises, so I can fulfill my contractual obligations while securing my financial stability. Your reconsideration in this matter would not only reflect a fair interpretation of Florida's laws but also demonstrate your understanding and appreciation for tenants facing unforeseen circumstances. As a loyal and responsible tenant, I emphasize my willingness to engage in an open discussion to alleviate any concerns you may have. I kindly request your prompt response within [reasonable time frame] to address this matter amicably and ensure the continuation of our positive tenant-landlord relationship. Thank you for your attention to this crucial matter. Sincerely, [Your Name] [Your Contact Information]
Title: Challenging an Unreasonable Refusal to Allow Sublease: St. Petersburg, Florida Tenant's Letter to Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you well. First and foremost, I would like to express my gratitude for your continuous support throughout my tenancy at [Property Address], St. Petersburg, Florida. However, I am writing to address a matter that has recently arisen, specifically your refusal to grant my request for subleasing the premises. I believe your decision is unreasonable and unjustified, disregarding my rights as a tenant in accordance with Florida's landlord-tenant laws and our lease agreement. 1. Importance of Subleasing: Subleasing is an integral aspect of leasing arrangements that allows tenants flexibility and financial relief when they face unexpected circumstances or are unable to occupy the property for a temporary period. Many tenants, including myself, view subleasing as an essential safeguard against potential financial burdens, as it offers a viable solution to mitigate the effects of unforeseen events such as job transfers, medical emergencies, or sabbatical leaves. 2. Protecting the Interests of All Parties: Florida law recognizes the right of tenants to sublet their rental units, subject to reasonable regulations outlined in the lease agreement. As a responsible and conscientious tenant, I have ensured that the prospective sublessee meets all the necessary criteria, thereby protecting your interests as well. By refusing my request for sublease without valid grounds, you deny yourself the opportunity to assess the sublessee's qualifications and risk leaving the property unoccupied, potentially causing financial loss to both parties involved. 3. Compliance with Florida's Landlord-Tenant Laws: In St. Petersburg, and throughout Florida, landlords are expected to act reasonably in their decisions regarding subleasing requests. Florida Statute § 83.03(5) clearly states that landlords may not unreasonably withhold consent to sublease. Furthermore, your right to deny a sublease exists only if there are reasonable grounds such as sublessee's poor credit history, illegal activities, or threat to the property's safety and security. It is essential to evaluate these factors impartially in order to maintain a fair and harmonious landlord-tenant relationship. 4. Mitigating the Landlord's Concerns: Understanding your concerns regarding subleasing, I would like to propose a compromise that addresses any potential risks you may have identified. I am willing to assume full responsibility by providing a thorough screening process for potential sublessees, conducting background checks, and requiring them to comply with our lease agreement's terms and conditions. By imposing these additional measures, I aim to demonstrate my commitment to preserving the property's integrity and upholding your interests during the subleasing period. 5. Seeking an Amicable Resolution: In light of the aforementioned arguments, I kindly request that you reconsider your decision and grant me permission to sublease the premises, so I can fulfill my contractual obligations while securing my financial stability. Your reconsideration in this matter would not only reflect a fair interpretation of Florida's laws but also demonstrate your understanding and appreciation for tenants facing unforeseen circumstances. As a loyal and responsible tenant, I emphasize my willingness to engage in an open discussion to alleviate any concerns you may have. I kindly request your prompt response within [reasonable time frame] to address this matter amicably and ensure the continuation of our positive tenant-landlord relationship. Thank you for your attention to this crucial matter. 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.
