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: High Point, North Carolina: Letter from Tenant to Landlord Addressing 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 discuss a matter of great concern that requires your attention regarding your refusal to grant permission for a sublease arrangement at [rental property address]. As a responsible and dependable tenant, I believe it is essential to maintain open lines of communication with you for the successful resolution of this issue. First and foremost, I would like to highlight the importance of subleasing as a reasonable solution to unforeseen circumstances that may arise during the duration of a lease agreement. Life is full of unexpected events that sometimes require tenants to temporarily find alternative living arrangements. In such cases, subleasing offers a viable solution, allowing tenants to fulfill their financial obligations without any disruption to your income stream. It is crucial to consider the fact that I have been a loyal and committed tenant for a significant period at the aforementioned property. My prompt rent payments, adherence to the terms and conditions of the lease agreement, and respectful interaction with other residents clearly demonstrate my commitment to maintaining a peaceful and harmonious living environment. Given these circumstances, I believe your refusal to allow subleasing is unreasonable for several valid reasons, supported by both legal precedents and common sense: 1. Preservation of Income and Preventing Financial Burden: By permitting subleasing, you ensure a consistent inflow of rent payment, avoiding any potential financial strain on either party involved. The presence of a legally vetted sublessee provides an additional layer of security that guarantees the fulfillment of rental obligations. 2. Mitigation of Vacancy Periods: Allowing subleasing grants an opportunity to reduce or eliminate vacancy periods. This is particularly crucial in High Point, where rental demand can fluctuate. Your refusal to allow subleasing could result in a vacant property, causing potential difficulties in finding an immediate replacement tenant. 3. Tenant Capacity to Screen Prospective Sublessees: As a responsible tenant, I would take it upon myself to screen any potential sublessee to ensure they meet the same standards demanded by the lease agreement. By doing so, I would ensure only trustworthy and reliable individuals become temporary residents during my absence. 4. Legalities and Precedents: Legal systems across the country, including High Point, generally recognize subleasing as a legitimate and permissible practice. Many lease agreements inherently include a clause that allows for subleasing, provided certain criteria are met. By unreasonably denying my request, you may potentially be in violation of the lease agreement and expose yourself to legal consequences. In light of the aforementioned points, I kindly request that you reconsider your position in prohibiting subleasing at the property. I am ready and willing to provide you with detailed information regarding prospective sublessees, their references, and any additional documentation you may require to ensure a smooth transition. Failure to grant permission for subleasing may lead to unnecessary financial hardships and inconveniences for both parties involved. Therefore, I genuinely hope we can find common ground and resolve this matter amicably. I await your prompt response, preferably within [reasonable timeframe], so that we can proceed with a mutually beneficial resolution. Thank you in advance for your understanding and cooperation. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
Subject: High Point, North Carolina: Letter from Tenant to Landlord Addressing 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 discuss a matter of great concern that requires your attention regarding your refusal to grant permission for a sublease arrangement at [rental property address]. As a responsible and dependable tenant, I believe it is essential to maintain open lines of communication with you for the successful resolution of this issue. First and foremost, I would like to highlight the importance of subleasing as a reasonable solution to unforeseen circumstances that may arise during the duration of a lease agreement. Life is full of unexpected events that sometimes require tenants to temporarily find alternative living arrangements. In such cases, subleasing offers a viable solution, allowing tenants to fulfill their financial obligations without any disruption to your income stream. It is crucial to consider the fact that I have been a loyal and committed tenant for a significant period at the aforementioned property. My prompt rent payments, adherence to the terms and conditions of the lease agreement, and respectful interaction with other residents clearly demonstrate my commitment to maintaining a peaceful and harmonious living environment. Given these circumstances, I believe your refusal to allow subleasing is unreasonable for several valid reasons, supported by both legal precedents and common sense: 1. Preservation of Income and Preventing Financial Burden: By permitting subleasing, you ensure a consistent inflow of rent payment, avoiding any potential financial strain on either party involved. The presence of a legally vetted sublessee provides an additional layer of security that guarantees the fulfillment of rental obligations. 2. Mitigation of Vacancy Periods: Allowing subleasing grants an opportunity to reduce or eliminate vacancy periods. This is particularly crucial in High Point, where rental demand can fluctuate. Your refusal to allow subleasing could result in a vacant property, causing potential difficulties in finding an immediate replacement tenant. 3. Tenant Capacity to Screen Prospective Sublessees: As a responsible tenant, I would take it upon myself to screen any potential sublessee to ensure they meet the same standards demanded by the lease agreement. By doing so, I would ensure only trustworthy and reliable individuals become temporary residents during my absence. 4. Legalities and Precedents: Legal systems across the country, including High Point, generally recognize subleasing as a legitimate and permissible practice. Many lease agreements inherently include a clause that allows for subleasing, provided certain criteria are met. By unreasonably denying my request, you may potentially be in violation of the lease agreement and expose yourself to legal consequences. In light of the aforementioned points, I kindly request that you reconsider your position in prohibiting subleasing at the property. I am ready and willing to provide you with detailed information regarding prospective sublessees, their references, and any additional documentation you may require to ensure a smooth transition. Failure to grant permission for subleasing may lead to unnecessary financial hardships and inconveniences for both parties involved. Therefore, I genuinely hope we can find common ground and resolve this matter amicably. I await your prompt response, preferably within [reasonable timeframe], so that we can proceed with a mutually beneficial resolution. Thank you in advance for your understanding and cooperation. Yours sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
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.
