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: Addressing an Unreasonable Refusal to Allow Sublease in Savannah, Georgia — A Detailed Letter from Tenant to Landlord Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your unreasonable refusal to grant permission for subleasing my rental unit at [Address]. As a responsible and reliable tenant, I believe it is crucial to discuss this matter openly and seek a mutual understanding regarding my request. Key points to be covered in the letter: 1. Explanation of Sublease Request: — Clarify the reasons for the sublease, such as relocation for work, financial challenges, or unforeseen circumstances. — Emphasize the responsible attitude and intention to find a reliable subtenant who will adhere to the lease agreement and maintain the property adequately. 2. Justification for Subleasing: — Elaborate on the legal right of tenants to sublease their rental property, as long as it is within the boundaries of the lease agreement and legal requirements. — Highlight examples of previous instances where subleases have been successfully granted, demonstrating fair and reasonable practices. 3. Property and Community Maintenance: — Assure the landlord that the property will be maintained in accordance with the lease agreement. — Include a detailed plan on how the tenant will manage key responsibilities, including rent payments, property upkeep, utilities, and addressing any maintenance issues promptly. 4. Screening Process for Potential Subtenants: — Explain the rigorous procedure of screening potential subtenants to ensure they meet the landlord's criteria, including background checks, credit references, and employment verification. — Reiterate the intention to maintain the property's value and prevent any disruption to the community. 5. Request for Flexibility and Cooperation: — Emphasize the need for a cooperative approach and request a meeting to discuss the matter further. — Express readiness to address any concerns or conditions the landlord may have regarding the subleasing process. 6. Legal Considerations: — Briefly mention relevant state laws, such as Georgia Code Title 44 Chapter 7, which grants tenant the right to sublease unless explicitly denied in the lease agreement. — Acknowledge that overlooking these legal rights could potentially result in legal consequences for the landlord. Types of Savannah, Georgia Letters from Tenant to Landlord about Landlord's refusal to allow sublease: 1. Expressing Disappointment and Seeking Resolution: — When the landlord's refusal seems unjustified, this letter aims to address the issue politely, encouraging a reconsideration of their decision. 2. Asserting Legal Rights and Demanding Compliance: — When the landlord's actions are in clear violation of the lease agreement or legal rights, this letter takes a more formal tone, highlighting the legal consequences and seeking immediate resolution. 3. Cooperative Negotiation for Mutual Agreement: — In situations where both parties are willing to engage in a cooperative dialogue, this letter focuses on finding a mutually beneficial solution, such as allowing subleasing with certain conditions or proposing alternative arrangements. Conclusion: In conclusion, as a responsible tenant, I firmly believe that my request for subleasing aligns with my rights as a tenant and does not pose any harm to the property or community. I kindly request your reconsideration on this matter and seek a mutual agreement that accommodates both parties' interests. Your cooperation is greatly appreciated, and I look forward to resolving this matter through meaningful discussion. 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.
