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: Request for Reconsideration of Landlord's Unreasonable Refusal to Allow Subleasing — Urgent Matter Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern and disappointment regarding your recent refusal to grant permission for subleasing my rental property located in the beautiful city of Topeka, Kansas. I believe your decision is unreasonable, and I kindly request that you reconsider your stance on this matter. As you are aware, I have been a loyal and responsible tenant in good standing for [duration of tenancy]. Throughout this period, I have consistently maintained the property, paid my rent promptly, and adhered to all the terms and conditions outlined in our lease agreement. Being a responsible tenant, it is crucial for me to proactively address a temporary situation that has arisen, which necessitates my need to sublease the premises. The purpose of subleasing the property is to avoid any financial burden during my unavoidable absence. This could be due to various reasons, such as a temporary work assignment, unforeseen personal circumstances, or any other legitimate justification. By allowing subleasing, not only will I fulfill my obligations as a tenant, but it will also ensure the continued financial security of the property for both you as the landlord and me as the tenant. It is important to note that my intention to sublease the property does not imply any disregard for your rights as the property owner. I completely understand and respect your interest in maintaining a safe and well-maintained rental unit. However, I must point out that refusing subleasing altogether, without considering the specific circumstances, is an overly strict and unjustifiable approach. To further emphasize my request, I would like to draw your attention to the legal aspects pertaining to subleasing in Kansas. According to Kansas state law, 59-2907, a landlord cannot unreasonably withhold consent for a tenant to sublease their rental unit. It is essential to consider this statute, as it reflects the legislature's intention to strike a balance between the rights and requests of tenants and landlords. In addition, it is worth underscoring the potential mutual benefits associated with allowing subleasing. By agreeing to a sublease, the premises will remain occupied and maintained, ensuring that the property retains its value and avoiding potential vacancies. Additionally, by collaborating and cooperating on this matter, we can safeguard the positive landlord-tenant relationship we have built over time. In light of the above, I kindly request that you reconsider your decision and grant me permission to sublease the property. I am more than willing to provide you with information regarding the potential subtenant, including their background, employment, and rental history, to assure you of their suitability. Please understand that this request is time-sensitive due to the urgency of my temporary absence. Therefore, I kindly request your prompt response, preferably within the next [reasonable timeline]. I sincerely hope that my appeal receives the consideration it deserves, and that we can come to a mutually beneficial resolution. I value your cooperation and understanding in this matter and remain hopeful for a positive outcome. Thank you for your attention, and I look forward to your prompt response. Yours sincerely, [Tenant's Name] [Tenant's Contact Information]
Subject: Request for Reconsideration of Landlord's Unreasonable Refusal to Allow Subleasing — Urgent Matter Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern and disappointment regarding your recent refusal to grant permission for subleasing my rental property located in the beautiful city of Topeka, Kansas. I believe your decision is unreasonable, and I kindly request that you reconsider your stance on this matter. As you are aware, I have been a loyal and responsible tenant in good standing for [duration of tenancy]. Throughout this period, I have consistently maintained the property, paid my rent promptly, and adhered to all the terms and conditions outlined in our lease agreement. Being a responsible tenant, it is crucial for me to proactively address a temporary situation that has arisen, which necessitates my need to sublease the premises. The purpose of subleasing the property is to avoid any financial burden during my unavoidable absence. This could be due to various reasons, such as a temporary work assignment, unforeseen personal circumstances, or any other legitimate justification. By allowing subleasing, not only will I fulfill my obligations as a tenant, but it will also ensure the continued financial security of the property for both you as the landlord and me as the tenant. It is important to note that my intention to sublease the property does not imply any disregard for your rights as the property owner. I completely understand and respect your interest in maintaining a safe and well-maintained rental unit. However, I must point out that refusing subleasing altogether, without considering the specific circumstances, is an overly strict and unjustifiable approach. To further emphasize my request, I would like to draw your attention to the legal aspects pertaining to subleasing in Kansas. According to Kansas state law, 59-2907, a landlord cannot unreasonably withhold consent for a tenant to sublease their rental unit. It is essential to consider this statute, as it reflects the legislature's intention to strike a balance between the rights and requests of tenants and landlords. In addition, it is worth underscoring the potential mutual benefits associated with allowing subleasing. By agreeing to a sublease, the premises will remain occupied and maintained, ensuring that the property retains its value and avoiding potential vacancies. Additionally, by collaborating and cooperating on this matter, we can safeguard the positive landlord-tenant relationship we have built over time. In light of the above, I kindly request that you reconsider your decision and grant me permission to sublease the property. I am more than willing to provide you with information regarding the potential subtenant, including their background, employment, and rental history, to assure you of their suitability. Please understand that this request is time-sensitive due to the urgency of my temporary absence. Therefore, I kindly request your prompt response, preferably within the next [reasonable timeline]. I sincerely hope that my appeal receives the consideration it deserves, and that we can come to a mutually beneficial resolution. I value your cooperation and understanding in this matter and remain hopeful for a positive outcome. Thank you for your attention, and I look forward to your prompt response. Yours sincerely, [Tenant's Name] [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.
