This is a letter from a tenant to the landlord concerning the landlord's refusal to permit tenant to sublease the premises to a sub-tenant. Tenant is also informing the landlord of his/her reserving of legal rights and remedies, should the landlord continue to prevent a lease assignment.
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.
Keywords: Lee's Summit Missouri, Letter from Tenant, Landlord's refusal, sublease, unreasonable Title: Challenging the Unreasonable Refusal: A Detailed Letter from Tenant to Landlord in Lee's Summit, Missouri Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your recent decision to refuse my request for subleasing the property at [address]. After carefully reviewing our lease agreement, seeking legal advice, and considering the local laws applicable in Lee's Summit, Missouri, I strongly believe that your refusal is unreasonable and unjustified. Allow me to elaborate on the key points that highlight the fairness and validity of my sublease request. 1. Context and Sublease Request: As you are undoubtedly aware, unexpected circumstances have arisen, requiring me to relocate temporarily due to [specify reasons — personal, financial, or professional]. In light of this situation, I am seeking your approval for subleasing the property during my absence. This sublease arrangement would help me fulfill my obligations as a tenant while alleviating any financial burden caused by paying the rent for an unoccupied unit. 2. Lease Agreement Analysis: Upon scrutinizing our lease agreement, I found no explicit clause that prohibits subleasing the property. Neither does it state that consent from the landlord is required, nor does it outline any specific conditions for sublease approval. Given the absence of any direct prohibition or specific requirements, I believe that subleasing is permissible within the bounds of our agreement. 3. Lee's Summit, Missouri Legal Considerations: To ensure adherence to the local laws governing landlord-tenant relationships in Lee's Summit, Missouri, I have extensively researched the applicable statutes and regulations. According to my findings, it is generally recognized that tenants have the right to sublease unless the lease agreement explicitly forbids it or if subleasing could be reasonably considered detrimental to the landlord's interests. As our lease agreement does not explicitly prohibit subleasing, and considering the potential benefits of subleasing for all parties involved, I believe that my request deserves your approval. 4. Benefits of Sublease: Allowing a sublease brings a multitude of advantages for both the tenant and the landlord. By subleasing, I am taking responsibility for finding a reliable individual who will occupy the premises temporarily and maintain it in good condition. This arrangement guarantees the uninterrupted flow of rent and avoids any potential loss of income for you as the landlord. Additionally, it ensures that the property remains occupied and secure, thereby warding off potential risks such as vandalism or break-ins. In essence, subleasing creates a win-win situation by minimizing any financial or security concerns. 5. Mitigating Concerns: Understanding that you may have legitimate concerns, I would like to propose several measures to address any apprehensions you might have. These include providing detailed information about the sublessee, conducting background checks, and signing a separate sublease agreement that holds me solely responsible for any potential breaches or damages caused by the sublessee. Conclusion: In light of the information provided, it is my strong belief that your refusal to allow subleasing is unreasonable. My request aligns with the absence of any specific prohibition within our lease agreement and the generally accepted principles under Lee's Summit, Missouri law regarding tenant rights. Furthermore, I have proposed various measures to address any concerns you may have, ensuring a smooth and secure sublease arrangement. I kindly request that you reconsider your position and grant me the permission to sublease the property during my temporary absence. I look forward to your prompt response, and I am open to discussing any further details or concerns you may have. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number]Keywords: Lee's Summit Missouri, Letter from Tenant, Landlord's refusal, sublease, unreasonable Title: Challenging the Unreasonable Refusal: A Detailed Letter from Tenant to Landlord in Lee's Summit, Missouri Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your recent decision to refuse my request for subleasing the property at [address]. After carefully reviewing our lease agreement, seeking legal advice, and considering the local laws applicable in Lee's Summit, Missouri, I strongly believe that your refusal is unreasonable and unjustified. Allow me to elaborate on the key points that highlight the fairness and validity of my sublease request. 1. Context and Sublease Request: As you are undoubtedly aware, unexpected circumstances have arisen, requiring me to relocate temporarily due to [specify reasons — personal, financial, or professional]. In light of this situation, I am seeking your approval for subleasing the property during my absence. This sublease arrangement would help me fulfill my obligations as a tenant while alleviating any financial burden caused by paying the rent for an unoccupied unit. 2. Lease Agreement Analysis: Upon scrutinizing our lease agreement, I found no explicit clause that prohibits subleasing the property. Neither does it state that consent from the landlord is required, nor does it outline any specific conditions for sublease approval. Given the absence of any direct prohibition or specific requirements, I believe that subleasing is permissible within the bounds of our agreement. 3. Lee's Summit, Missouri Legal Considerations: To ensure adherence to the local laws governing landlord-tenant relationships in Lee's Summit, Missouri, I have extensively researched the applicable statutes and regulations. According to my findings, it is generally recognized that tenants have the right to sublease unless the lease agreement explicitly forbids it or if subleasing could be reasonably considered detrimental to the landlord's interests. As our lease agreement does not explicitly prohibit subleasing, and considering the potential benefits of subleasing for all parties involved, I believe that my request deserves your approval. 4. Benefits of Sublease: Allowing a sublease brings a multitude of advantages for both the tenant and the landlord. By subleasing, I am taking responsibility for finding a reliable individual who will occupy the premises temporarily and maintain it in good condition. This arrangement guarantees the uninterrupted flow of rent and avoids any potential loss of income for you as the landlord. Additionally, it ensures that the property remains occupied and secure, thereby warding off potential risks such as vandalism or break-ins. In essence, subleasing creates a win-win situation by minimizing any financial or security concerns. 5. Mitigating Concerns: Understanding that you may have legitimate concerns, I would like to propose several measures to address any apprehensions you might have. These include providing detailed information about the sublessee, conducting background checks, and signing a separate sublease agreement that holds me solely responsible for any potential breaches or damages caused by the sublessee. Conclusion: In light of the information provided, it is my strong belief that your refusal to allow subleasing is unreasonable. My request aligns with the absence of any specific prohibition within our lease agreement and the generally accepted principles under Lee's Summit, Missouri law regarding tenant rights. Furthermore, I have proposed various measures to address any concerns you may have, ensuring a smooth and secure sublease arrangement. I kindly request that you reconsider your position and grant me the permission to sublease the property during my temporary absence. I look forward to your prompt response, and I am open to discussing any further details or concerns you may have. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number]
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.
