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: Asserting Tenant Rights: Challenging an Unreasonable Refusal to Allow Sublease in Middlesex, Massachusetts Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my concerns regarding your recent refusal to allow me to sublease my rental unit located at [rental property address] in Middlesex, Massachusetts. It is my belief, following thorough research and legal consultation, that your refusal to grant permission for subleasing is unreasonable and infringes upon my rights as a tenant. First and foremost, under Massachusetts law (Mass. Gen. Laws ch. 186, § 15), tenants possess the right to sublease or assign their leases unless explicitly deemed unacceptable within the rental agreement. After reviewing our lease agreement, I did not find any clauses expressly prohibiting subleasing or assignment of the lease. As such, I contend that I am well within my rights to pursue subleasing arrangements. Furthermore, it is important to highlight the benefits of subleasing, as they not only ensure greater flexibility for tenants but also minimize the possibility of vacancies. By allowing subleasing, I can assume responsibility about finding a suitable sublessee who meets the necessary criteria, ensuring the continuance of rental payments without any disruption. This approach protects your interests as the landlord as well, ensuring a consistent flow of rental income. Additionally, I have taken all necessary steps to guarantee the responsible selection of a reliable and suitable sublessee. I have carefully drafted a sublease agreement, incorporating the same terms and contractual obligations present in our original lease agreement. By doing so, I aim to provide you with reassurance that the sublessee will adhere to the established guidelines and fulfill their obligations diligently, effectively safeguarding the condition and integrity of the property. Moreover, please note that I have approached this matter with the utmost professionalism, respecting our tenant-landlord relationship and prioritizing open communication. In light of that, I kindly urge you to review your decision and reconsider your refusal to allow the sublease. By doing so, we can work together to maintain a harmonious and cooperative living arrangement for all parties involved. In conclusion, I wish to emphasize that my intention is not to challenge your authority or create any adversarial situation. Rather, I simply seek to exercise my tenant rights under Massachusetts law and facilitate a smooth and mutually beneficial subleasing process. I trust that you will recognize the reasonableness of my request and respond in a way that acknowledges these legal rights. To ensure a prompt resolution, I kindly request a written response within [reasonable time frame, e.g., 10 business days] from the date of this letter. If I do not receive a satisfactory response within this timeframe, I will regretfully be forced to pursue further actions to protect my rights, which may include seeking legal counsel or filing a complaint with the appropriate authorities. Thank you for your understanding and cooperation. I look forward to your prompt response. Yours respectfully, [Your Name] [Tenant's Address and Contact Information]
Subject: Asserting Tenant Rights: Challenging an Unreasonable Refusal to Allow Sublease in Middlesex, Massachusetts Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my concerns regarding your recent refusal to allow me to sublease my rental unit located at [rental property address] in Middlesex, Massachusetts. It is my belief, following thorough research and legal consultation, that your refusal to grant permission for subleasing is unreasonable and infringes upon my rights as a tenant. First and foremost, under Massachusetts law (Mass. Gen. Laws ch. 186, § 15), tenants possess the right to sublease or assign their leases unless explicitly deemed unacceptable within the rental agreement. After reviewing our lease agreement, I did not find any clauses expressly prohibiting subleasing or assignment of the lease. As such, I contend that I am well within my rights to pursue subleasing arrangements. Furthermore, it is important to highlight the benefits of subleasing, as they not only ensure greater flexibility for tenants but also minimize the possibility of vacancies. By allowing subleasing, I can assume responsibility about finding a suitable sublessee who meets the necessary criteria, ensuring the continuance of rental payments without any disruption. This approach protects your interests as the landlord as well, ensuring a consistent flow of rental income. Additionally, I have taken all necessary steps to guarantee the responsible selection of a reliable and suitable sublessee. I have carefully drafted a sublease agreement, incorporating the same terms and contractual obligations present in our original lease agreement. By doing so, I aim to provide you with reassurance that the sublessee will adhere to the established guidelines and fulfill their obligations diligently, effectively safeguarding the condition and integrity of the property. Moreover, please note that I have approached this matter with the utmost professionalism, respecting our tenant-landlord relationship and prioritizing open communication. In light of that, I kindly urge you to review your decision and reconsider your refusal to allow the sublease. By doing so, we can work together to maintain a harmonious and cooperative living arrangement for all parties involved. In conclusion, I wish to emphasize that my intention is not to challenge your authority or create any adversarial situation. Rather, I simply seek to exercise my tenant rights under Massachusetts law and facilitate a smooth and mutually beneficial subleasing process. I trust that you will recognize the reasonableness of my request and respond in a way that acknowledges these legal rights. To ensure a prompt resolution, I kindly request a written response within [reasonable time frame, e.g., 10 business days] from the date of this letter. If I do not receive a satisfactory response within this timeframe, I will regretfully be forced to pursue further actions to protect my rights, which may include seeking legal counsel or filing a complaint with the appropriate authorities. Thank you for your understanding and cooperation. I look forward to your prompt response. Yours respectfully, [Your Name] [Tenant's Address and 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.
