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: Concerned Tenant's Letter to Landlord Protesting Unreasonable Refusal of Sublease in Tallahassee, Florida Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to address an issue that has deeply concerned me regarding your recent refusal to allow subleasing of the [property address] property in Tallahassee, Florida. As your tenant, I have always strived to maintain a respectful and open line of communication with you, which is why I feel compelled to express my dissatisfaction with this decision. First and foremost, I understand and respect your authority as the property owner to ensure the well-being and continued quality of the premises. However, I firmly believe that your refusal to permit subleasing in this particular instance is unjustifiable and does not align with the principles of fairness and reasonableness that should govern our landlord-tenant relationship. It is essential to note that the request for sublease is due to unforeseen circumstances beyond my control, such as an unexpected job offer in another city or financial hardships that have forced me to downsize my living arrangements temporarily. In such cases, subleasing not only benefits the tenant but also ensures a consistent flow of rental income to the landlord, without the need for a cumbersome and time-consuming search for a new tenant. Several crucial points merit consideration before making the decision to prohibit subleasing unreasonably: 1. Lease and Sublease Agreement Review: — Prior to making your decision, I would kindly request a thorough review of both our initial lease agreement and Florida state laws concerning subleasing. This analysis will elucidate any existing clauses or legal provisions that may facilitate or restrict the subleasing arrangement. 2. Financial Stability and Background Checks: — To further ensure your peace of mind, I am more than willing to provide you with detailed information regarding potential subtenants, including their background checks, credit scores, and employment verification. This additional layer of scrutiny guarantees that responsible individuals, who meet your established criteria as a landlord, occupy the premises. 3. Open Dialogue and Collaboration: — I firmly believe that open and respectful communication can often find mutually beneficial solutions. I respectfully request a meeting or a phone call to discuss your concerns regarding subleasing so that we can collaboratively address them. This dialogue will allow us to explore alternative options, potential compromises, or perhaps negotiate adjustments to the existing lease agreement, which could accommodate both parties' needs. I would like to emphasize that my request for subleasing is not intended to disregard or violate any terms of our lease agreement. Instead, it aims to find a reasonable solution to my unforeseen circumstances while ensuring the continuous income flow for you as the landlord. In the spirit of cooperation and fairness, I kindly urge you to reconsider your decision to refuse subleasing unreasonably. I genuinely believe that a well-thought-out and responsible sublease arrangement can effectively resolve the challenges I currently face. I eagerly await your prompt response and look forward to the opportunity to discuss this matter further. If you have any additional questions or require any supporting documentation, please do not hesitate to contact me. Thank you for your attention to this matter. Yours sincerely, [Your Name] [Tenant's Address] [Tenant's Contact Information]
Subject: Concerned Tenant's Letter to Landlord Protesting Unreasonable Refusal of Sublease in Tallahassee, Florida Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to address an issue that has deeply concerned me regarding your recent refusal to allow subleasing of the [property address] property in Tallahassee, Florida. As your tenant, I have always strived to maintain a respectful and open line of communication with you, which is why I feel compelled to express my dissatisfaction with this decision. First and foremost, I understand and respect your authority as the property owner to ensure the well-being and continued quality of the premises. However, I firmly believe that your refusal to permit subleasing in this particular instance is unjustifiable and does not align with the principles of fairness and reasonableness that should govern our landlord-tenant relationship. It is essential to note that the request for sublease is due to unforeseen circumstances beyond my control, such as an unexpected job offer in another city or financial hardships that have forced me to downsize my living arrangements temporarily. In such cases, subleasing not only benefits the tenant but also ensures a consistent flow of rental income to the landlord, without the need for a cumbersome and time-consuming search for a new tenant. Several crucial points merit consideration before making the decision to prohibit subleasing unreasonably: 1. Lease and Sublease Agreement Review: — Prior to making your decision, I would kindly request a thorough review of both our initial lease agreement and Florida state laws concerning subleasing. This analysis will elucidate any existing clauses or legal provisions that may facilitate or restrict the subleasing arrangement. 2. Financial Stability and Background Checks: — To further ensure your peace of mind, I am more than willing to provide you with detailed information regarding potential subtenants, including their background checks, credit scores, and employment verification. This additional layer of scrutiny guarantees that responsible individuals, who meet your established criteria as a landlord, occupy the premises. 3. Open Dialogue and Collaboration: — I firmly believe that open and respectful communication can often find mutually beneficial solutions. I respectfully request a meeting or a phone call to discuss your concerns regarding subleasing so that we can collaboratively address them. This dialogue will allow us to explore alternative options, potential compromises, or perhaps negotiate adjustments to the existing lease agreement, which could accommodate both parties' needs. I would like to emphasize that my request for subleasing is not intended to disregard or violate any terms of our lease agreement. Instead, it aims to find a reasonable solution to my unforeseen circumstances while ensuring the continuous income flow for you as the landlord. In the spirit of cooperation and fairness, I kindly urge you to reconsider your decision to refuse subleasing unreasonably. I genuinely believe that a well-thought-out and responsible sublease arrangement can effectively resolve the challenges I currently face. I eagerly await your prompt response and look forward to the opportunity to discuss this matter further. If you have any additional questions or require any supporting documentation, please do not hesitate to contact me. Thank you for your attention to this matter. Yours sincerely, [Your Name] [Tenant's Address] [Tenant's 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.