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: Atlanta Georgia Letter from Tenant to Landlord about Landlord's Unreasonable Refusal to Allow Sublease Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a matter of concern that has recently arisen between us regarding your refusal to allow me to sublease my rental property at [Address]. As a responsible tenant, I believe it is essential to communicate the reasons why I find your decision unreasonable and to mutually discuss a more fair and practical solution. 1. Importance of Subleasing: In Atlanta, where the housing market can be unpredictable, subleasing serves as a beneficial arrangement for tenants and landlords alike. It provides flexibility and ensures the property remains occupied, preventing potential financial burdens for both parties. Moreover, subleasing allows tenants to respond to unexpected life events such as job relocations, medical emergencies, or educational opportunities without incurring substantial financial losses. 2. Legality and Lease Agreement: Reviewing our lease agreement, I found no provision explicitly prohibiting subleasing, nor any clause that requires obtaining your prior consent for subleasing. Moreover, under Georgia state law and Atlanta's regulations, tenants have the legal right to sublease unless otherwise specified in a written lease agreement. Therefore, your insistence on a blanket refusal without proper grounds seems unjustifiable. 3. Responsiveness to Maintenance and Repairs: Throughout my tenancy, I have been a reliable and responsible tenant, promptly reporting any maintenance issues and promptly paying rent. By subleasing, I intend to ensure the property remains well-maintained during my absence. The sublessee will be subject to a thorough screening and will be bound by the same lease terms, including their responsibility for property maintenance. 4. Financial Stability and Risk Management: Subleasing my rental property will not only help me mitigate potential financial losses but also ensure consistent rent payments to you. By refusing sublease, you're putting me at risk of incurring substantial financial burdens for an unused property, which contradicts sound risk management practices and undermines the mutual trust we have established as landlord and tenant. 5. Offer of Collaboration and Solutions: Recognizing that we both have rights and responsibilities, I propose discussing alternative solutions that balance our interests and comply with the rental laws of Atlanta. These may include a reasonable sublease approval process that considers individual circumstances, sublessee screening, a potential sublease fee to cover administrative expenses, or a temporary rent increase during the sublease period to address any concerns. Conclusion: In closing, your refusal to allow subleasing, without proper justification, appears to be unreasonable and contradicts legal rights provided by Georgia state law. I kindly request that we schedule a meeting to discuss this matter further and explore mutually beneficial solutions. Maintaining a positive landlord-tenant relationship is in our best interests, and I believe that working together we can find a resolution that serves both parties effectively. Thank you for your attention to this matter. I look forward to hearing from you soon. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number]
Title: Atlanta Georgia Letter from Tenant to Landlord about Landlord's Unreasonable Refusal to Allow Sublease Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a matter of concern that has recently arisen between us regarding your refusal to allow me to sublease my rental property at [Address]. As a responsible tenant, I believe it is essential to communicate the reasons why I find your decision unreasonable and to mutually discuss a more fair and practical solution. 1. Importance of Subleasing: In Atlanta, where the housing market can be unpredictable, subleasing serves as a beneficial arrangement for tenants and landlords alike. It provides flexibility and ensures the property remains occupied, preventing potential financial burdens for both parties. Moreover, subleasing allows tenants to respond to unexpected life events such as job relocations, medical emergencies, or educational opportunities without incurring substantial financial losses. 2. Legality and Lease Agreement: Reviewing our lease agreement, I found no provision explicitly prohibiting subleasing, nor any clause that requires obtaining your prior consent for subleasing. Moreover, under Georgia state law and Atlanta's regulations, tenants have the legal right to sublease unless otherwise specified in a written lease agreement. Therefore, your insistence on a blanket refusal without proper grounds seems unjustifiable. 3. Responsiveness to Maintenance and Repairs: Throughout my tenancy, I have been a reliable and responsible tenant, promptly reporting any maintenance issues and promptly paying rent. By subleasing, I intend to ensure the property remains well-maintained during my absence. The sublessee will be subject to a thorough screening and will be bound by the same lease terms, including their responsibility for property maintenance. 4. Financial Stability and Risk Management: Subleasing my rental property will not only help me mitigate potential financial losses but also ensure consistent rent payments to you. By refusing sublease, you're putting me at risk of incurring substantial financial burdens for an unused property, which contradicts sound risk management practices and undermines the mutual trust we have established as landlord and tenant. 5. Offer of Collaboration and Solutions: Recognizing that we both have rights and responsibilities, I propose discussing alternative solutions that balance our interests and comply with the rental laws of Atlanta. These may include a reasonable sublease approval process that considers individual circumstances, sublessee screening, a potential sublease fee to cover administrative expenses, or a temporary rent increase during the sublease period to address any concerns. Conclusion: In closing, your refusal to allow subleasing, without proper justification, appears to be unreasonable and contradicts legal rights provided by Georgia state law. I kindly request that we schedule a meeting to discuss this matter further and explore mutually beneficial solutions. Maintaining a positive landlord-tenant relationship is in our best interests, and I believe that working together we can find a resolution that serves both parties effectively. Thank you for your attention to this matter. I look forward to hearing from you soon. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number]
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.
