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: Detroit, Michigan — Request to Reconsider Unreasonable Refusal to Allow Sublease Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my concern and disappointment regarding your recent decision denying my request to sublease the property located at [property address]. After carefully considering the terms of the lease agreement and applicable Michigan state laws, I believe that your refusal to allow subleasing is unreasonable and fails to take into account the best interests of both parties. Firstly, I would like to draw your attention to the current circumstances that have led me to seek a subtenant. [Briefly explain the reason or motivation behind wanting to sublease, such as work relocation, family matters, or financial reasons.] As these unforeseen circumstances have greatly impacted my personal situation, subleasing would not only alleviate financial burdens but also ensure the continuity of rent payment and property maintenance. It is important to note that the Michigan Landlord and Tenant Act recognizes the rights of tenants to sublease their rental units, unless explicitly prohibited in the lease agreement. Upon reviewing our original lease agreement, I found no clauses or sections which specifically prohibit subleasing. Therefore, my request to exercise this lawful right aligns with the legal framework governing our tenancy. In addition to safeguarding my interests, subleasing also offers benefits to you as the landlord. By allowing me to sublease, you ensure that the property remains occupied and well-maintained, thereby avoiding any potential vacancy expenses. It is worth noting that subletters are often subjected to the same rigorous screening process as original tenants. Consequently, you can expect my full cooperation in vetting prospective subtenants, ensuring that their background checks, references, and financial capabilities meet your standards. Moreover, as per Section 554.634 of the Michigan Landlord and Tenant Relationships Act, you cannot unreasonably withhold consent to sublease. This provision encourages landlords to assess each sublease request on its merits, providing a fair and balanced evaluation while considering the potential sublessee's qualifications. Understanding that you may have concerns about assuming liability for subtenants, I am more than willing to draft a comprehensive sublease agreement that outlines the responsibilities of all parties involved, including indemnification against damages or breaches. This additional layer of protection will ensure that your interest as the landlord is protected throughout the sublease term. To facilitate open communication and mitigate any lingering concerns, I kindly request that we schedule a meeting or telephone call at your earliest convenience. This will provide an opportunity to discuss any further questions or potential compromises regarding the sublease arrangement. In conclusion, I firmly believe that your refusal to allow subleasing is unreasonable, considering the legality of subleasing, the potential benefits to both parties, and Michigan landlord-tenant regulations. By granting my request, we can establish a positive and mutually beneficial solution that upholds the integrity of our lease agreement and satisfies all parties involved. Thank you for your understanding and prompt attention to this matter. I look forward to hearing from you and working towards a fair resolution. Yours sincerely, [Your Name] [Your Contact Information]
Subject: Detroit, Michigan — Request to Reconsider Unreasonable Refusal to Allow Sublease Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my concern and disappointment regarding your recent decision denying my request to sublease the property located at [property address]. After carefully considering the terms of the lease agreement and applicable Michigan state laws, I believe that your refusal to allow subleasing is unreasonable and fails to take into account the best interests of both parties. Firstly, I would like to draw your attention to the current circumstances that have led me to seek a subtenant. [Briefly explain the reason or motivation behind wanting to sublease, such as work relocation, family matters, or financial reasons.] As these unforeseen circumstances have greatly impacted my personal situation, subleasing would not only alleviate financial burdens but also ensure the continuity of rent payment and property maintenance. It is important to note that the Michigan Landlord and Tenant Act recognizes the rights of tenants to sublease their rental units, unless explicitly prohibited in the lease agreement. Upon reviewing our original lease agreement, I found no clauses or sections which specifically prohibit subleasing. Therefore, my request to exercise this lawful right aligns with the legal framework governing our tenancy. In addition to safeguarding my interests, subleasing also offers benefits to you as the landlord. By allowing me to sublease, you ensure that the property remains occupied and well-maintained, thereby avoiding any potential vacancy expenses. It is worth noting that subletters are often subjected to the same rigorous screening process as original tenants. Consequently, you can expect my full cooperation in vetting prospective subtenants, ensuring that their background checks, references, and financial capabilities meet your standards. Moreover, as per Section 554.634 of the Michigan Landlord and Tenant Relationships Act, you cannot unreasonably withhold consent to sublease. This provision encourages landlords to assess each sublease request on its merits, providing a fair and balanced evaluation while considering the potential sublessee's qualifications. Understanding that you may have concerns about assuming liability for subtenants, I am more than willing to draft a comprehensive sublease agreement that outlines the responsibilities of all parties involved, including indemnification against damages or breaches. This additional layer of protection will ensure that your interest as the landlord is protected throughout the sublease term. To facilitate open communication and mitigate any lingering concerns, I kindly request that we schedule a meeting or telephone call at your earliest convenience. This will provide an opportunity to discuss any further questions or potential compromises regarding the sublease arrangement. In conclusion, I firmly believe that your refusal to allow subleasing is unreasonable, considering the legality of subleasing, the potential benefits to both parties, and Michigan landlord-tenant regulations. By granting my request, we can establish a positive and mutually beneficial solution that upholds the integrity of our lease agreement and satisfies all parties involved. Thank you for your understanding and prompt attention to this matter. I look forward to hearing from you and working towards a fair resolution. Yours 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.
