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. [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Dear [Landlord's Name], Subject: Unreasonable Refusal to Allow Sublease of [Rental Property Address] I am writing to express my deep concern regarding your refusal to allow sublease of the [Rental Property Address] in Rockford, Illinois. As per the terms laid out in our lease agreement dated [Lease Start Date], I believe this decision is both unreasonable and in violation of my rights as a tenant. First and foremost, I would like to draw your attention to the relevant section of our lease agreement, specifically Clause [X], which clearly states that subleasing the premises is permitted under certain conditions. Having reviewed this clause, I strongly believe that I meet all the prerequisites necessary for a lawful sublease. These conditions include obtaining your prior written approval, ensuring that the sublessee undergoes a thorough screening process, and assuming full responsibility for any damages caused by the sublessee. In light of the mentioned clause, I have taken all the necessary steps to identify a highly qualified sublessee who meets the rental criteria and has agreed to comply with the terms of the original lease agreement. I provided you with all the required documentation, including their detailed application, references, and credit/background check results, well in advance. Despite my punctuality and adherence to the stipulated procedures, your persistent refusal to grant permission for subleasing is wholly irrational. Allowing subleasing is a common practice that not only benefits tenants but also landlords. It ensures a more stable occupancy rate and guarantees uninterrupted rental income. Additionally, it provides an opportunity for responsible individuals to reside in this property, thus reducing the probability of vacancies or potential damages due to negligence. I have personally gone to great lengths to find a suitable sublessee who would preserve the property's integrity and ensure its upkeep. Consequently, your blanket refusal to consider such a proposal is unjustifiable. It is also important to highlight that I am requesting subleasing solely due to unanticipated circumstances. [Elaborate on the specific reasons, such as job relocation, family emergency, medical issues, or financial hardships, that have prompted the need for subleasing.] Under these unfortunate circumstances, your unwarranted refusal only amplifies the difficulties I am currently facing. By declining my reasonable request to sublease, you are not only hindering my ability to fulfill my obligations as a tenant but also forcing me into an unnecessary financial burden. As a responsible tenant, I have always been prompt with rental payments and have maintained the property diligently. I have also actively communicated with you throughout my tenancy, ensuring transparency and cooperation. Considering my prior track record, I genuinely believe that this refusal is unfair and does not align with the principles of a mutually beneficial landlord-tenant relationship. Therefore, I kindly request that you reconsider your stance on the matter and respond promptly with a reasonable explanation for your refusal. If necessary, I am open to discussing any concerns or terms you may have regarding the proposed sublease. I trust that we can find a satisfactory resolution that respects both parties' interests and rights. Thank you for your attention to this matter. I anticipate your prompt response. Sincerely, [Your Name]
[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Dear [Landlord's Name], Subject: Unreasonable Refusal to Allow Sublease of [Rental Property Address] I am writing to express my deep concern regarding your refusal to allow sublease of the [Rental Property Address] in Rockford, Illinois. As per the terms laid out in our lease agreement dated [Lease Start Date], I believe this decision is both unreasonable and in violation of my rights as a tenant. First and foremost, I would like to draw your attention to the relevant section of our lease agreement, specifically Clause [X], which clearly states that subleasing the premises is permitted under certain conditions. Having reviewed this clause, I strongly believe that I meet all the prerequisites necessary for a lawful sublease. These conditions include obtaining your prior written approval, ensuring that the sublessee undergoes a thorough screening process, and assuming full responsibility for any damages caused by the sublessee. In light of the mentioned clause, I have taken all the necessary steps to identify a highly qualified sublessee who meets the rental criteria and has agreed to comply with the terms of the original lease agreement. I provided you with all the required documentation, including their detailed application, references, and credit/background check results, well in advance. Despite my punctuality and adherence to the stipulated procedures, your persistent refusal to grant permission for subleasing is wholly irrational. Allowing subleasing is a common practice that not only benefits tenants but also landlords. It ensures a more stable occupancy rate and guarantees uninterrupted rental income. Additionally, it provides an opportunity for responsible individuals to reside in this property, thus reducing the probability of vacancies or potential damages due to negligence. I have personally gone to great lengths to find a suitable sublessee who would preserve the property's integrity and ensure its upkeep. Consequently, your blanket refusal to consider such a proposal is unjustifiable. It is also important to highlight that I am requesting subleasing solely due to unanticipated circumstances. [Elaborate on the specific reasons, such as job relocation, family emergency, medical issues, or financial hardships, that have prompted the need for subleasing.] Under these unfortunate circumstances, your unwarranted refusal only amplifies the difficulties I am currently facing. By declining my reasonable request to sublease, you are not only hindering my ability to fulfill my obligations as a tenant but also forcing me into an unnecessary financial burden. As a responsible tenant, I have always been prompt with rental payments and have maintained the property diligently. I have also actively communicated with you throughout my tenancy, ensuring transparency and cooperation. Considering my prior track record, I genuinely believe that this refusal is unfair and does not align with the principles of a mutually beneficial landlord-tenant relationship. Therefore, I kindly request that you reconsider your stance on the matter and respond promptly with a reasonable explanation for your refusal. If necessary, I am open to discussing any concerns or terms you may have regarding the proposed sublease. I trust that we can find a satisfactory resolution that respects both parties' interests and rights. Thank you for your attention to this matter. I anticipate your prompt response. Sincerely, [Your Name]
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.
