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: Chicago Illinois Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns and dissatisfaction regarding your decision to refuse my request for subleasing the [Apartment/House/Property] located at [Address]. This refusal, in my opinion, is unreasonable and not in line with standard leasing practices in Chicago, Illinois. I believe it is important for us to discuss this matter further to find a resolution that accommodates both parties. 1. Background and Lease Agreement: In order to provide a comprehensive understanding of the situation, let us revisit the lease agreement we both signed on [Date]. The agreement clearly states that as the tenant, I have the right to request permission for subleasing the property, provided that I comply with the necessary requirements outlined within the lease agreement. Furthermore, there are no explicit clauses or restrictions regarding the denial of sublease requests unless they pose an unreasonable risk to the property or violate any local or state laws. 2. Reasonable Grounds: Upon reviewing the reasons stated for your refusal, I could not find any valid or logical basis that justifies your decision. It is important to note that subleasing is a common practice in the rental market, especially in Chicago, where tenant mobility and changes in personal circumstances are prevalent. Given the current tight rental market in the city, subleasing would not only allow me to fulfill my responsibilities as a tenant but also ensure the uninterrupted payment of rent for the property and the timely fulfillment of any contractual obligations. 3. Preservation of Property Value: Your reluctance to permit subleasing should be reconsidered, as it is vital to recognize that my search for a trustworthy sublessee is driven by my intention to maintain the property's value and minimize any potential damages. By conducting thorough screenings and background checks on prospective sublessees, I aim to maintain the high standards set in the lease agreement and guarantee that the property is well-maintained. 4. Fairness and Local Regulations: It is essential to emphasize that your decision to deny subleasing violates the principles of fairness and good faith, which are inherent to every landlord-tenant relationship. As per Chicago's Tenants' Rights and Responsibilities Handbook, tenants have the right to sublease if they meet the necessary requirements and provide reasonable notice. Moreover, by refusing my request without reasonable justifications, you may unlawfully breach your obligations as a landlord. Conclusion: In conclusion, I urge you to reconsider your decision and engage in an open conversation to find a mutually beneficial solution. Granting my request for subleasing will not only ensure my adherence to the terms of the lease agreement but also demonstrate your commitment to maintaining a fair and healthy landlord-tenant relationship. I look forward to discussing this matter further and settling it in a manner that respects both my rights as a tenant and your obligations as a landlord. Sincerely, [Tenant's Name] [Date]
Title: Chicago Illinois Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns and dissatisfaction regarding your decision to refuse my request for subleasing the [Apartment/House/Property] located at [Address]. This refusal, in my opinion, is unreasonable and not in line with standard leasing practices in Chicago, Illinois. I believe it is important for us to discuss this matter further to find a resolution that accommodates both parties. 1. Background and Lease Agreement: In order to provide a comprehensive understanding of the situation, let us revisit the lease agreement we both signed on [Date]. The agreement clearly states that as the tenant, I have the right to request permission for subleasing the property, provided that I comply with the necessary requirements outlined within the lease agreement. Furthermore, there are no explicit clauses or restrictions regarding the denial of sublease requests unless they pose an unreasonable risk to the property or violate any local or state laws. 2. Reasonable Grounds: Upon reviewing the reasons stated for your refusal, I could not find any valid or logical basis that justifies your decision. It is important to note that subleasing is a common practice in the rental market, especially in Chicago, where tenant mobility and changes in personal circumstances are prevalent. Given the current tight rental market in the city, subleasing would not only allow me to fulfill my responsibilities as a tenant but also ensure the uninterrupted payment of rent for the property and the timely fulfillment of any contractual obligations. 3. Preservation of Property Value: Your reluctance to permit subleasing should be reconsidered, as it is vital to recognize that my search for a trustworthy sublessee is driven by my intention to maintain the property's value and minimize any potential damages. By conducting thorough screenings and background checks on prospective sublessees, I aim to maintain the high standards set in the lease agreement and guarantee that the property is well-maintained. 4. Fairness and Local Regulations: It is essential to emphasize that your decision to deny subleasing violates the principles of fairness and good faith, which are inherent to every landlord-tenant relationship. As per Chicago's Tenants' Rights and Responsibilities Handbook, tenants have the right to sublease if they meet the necessary requirements and provide reasonable notice. Moreover, by refusing my request without reasonable justifications, you may unlawfully breach your obligations as a landlord. Conclusion: In conclusion, I urge you to reconsider your decision and engage in an open conversation to find a mutually beneficial solution. Granting my request for subleasing will not only ensure my adherence to the terms of the lease agreement but also demonstrate your commitment to maintaining a fair and healthy landlord-tenant relationship. I look forward to discussing this matter further and settling it in a manner that respects both my rights as a tenant and your obligations as a landlord. Sincerely, [Tenant's Name] [Date]
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.
