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. Title: Addressing the Unreasonable Refusal of Sublease by the Landlord in Elizabeth, New Jersey Introduction: As a tenant residing in Elizabeth, New Jersey, it is crucial to understand your rights and obligations when it comes to subleasing your rental property. Occasionally, landlords may unjustifiably deny their tenants the opportunity to sublet their space. This comprehensive letter aims to address the landlord's unreasonable refusal to allow sublease, providing guidance on what steps the tenant can take to resolve the issue. Below, we detail the contents and potential variations of these letters in different scenarios: 1. Standard Elizabeth New Jersey Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concern and disappointment regarding your recent decision to deny my request for subleasing the rental property [property address]. In accordance with the terms specified in our lease agreement, I firmly believe that my request to sublet the premises is reasonable and within my rights as a tenant. [Insert relevant details: length of the sublease, potential subtenant information, reasons for subletting, etc.]. Despite my attempts to directly discuss this matter with you, I have not received a satisfactory explanation for your refusal. I kindly request reconsideration of your decision, as it heavily affects my personal circumstances and financial stability. Should you maintain your stance on this unreasonable refusal, I would like to remind you that as a tenant, I reserve the right to explore other potential avenues to resolve this issue within legal parameters. However, I believe it would be in our best interest to have an open dialogue and find a mutually beneficial solution. I kindly request a prompt response to this letter and hope we can resolve this matter amicably. Sincerely, [Your Name] [Your Contact Information] 2. Elizabeth New Jersey Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable, Citing Legal Rights: Dear [Landlord's Name], I trust this letter finds you well. I am writing to express my deep concern and frustration with your recent decision to unreasonably deny my request to sublease the premises at [property address] as outlined in our lease agreement. Upon thoroughly reviewing the lease agreement, I am confident that my request to sublet complies with all applicable laws and regulations in Elizabeth, New Jersey. To ensure clarity, I have consulted legal resources, including the Elizabeth State Tenant's Rights Handbook, which explicitly acknowledges tenants' rights in subleasing, provided certain conditions are met. I must respectfully request that you reconsider your denial and provide a valid explanation supported by legitimate concerns relevant to my sublease request. I am more than willing to cooperate and address any reasonable concerns you may have regarding the potential subtenant. While I strongly believe in resolving this matter amicably, I also want to emphasize that denying my lawful rights may lead to an unnecessary escalation, requiring intervention from the appropriate legal authorities. I believe it would be in everyone's best interest to avoid such measures and maintain a positive landlord-tenant relationship. I kindly request a written response within [reasonable time frame] to this letter, addressing my concerns and indicating your willingness to engage in resolving this matter. Thank you for your prompt attention to this issue. Sincerely, [Your Name] [Your Contact Information] Note: Depending on the specific circumstances, the details included in the letter may vary. These variations may entail additional supporting documents, legal references, or providing alternate resolutions (such as transferring the lease or modifying lease terms). Flexibility in adjusting the content allows for a more accurate reflection of each tenant's unique situation.
Title: Addressing the Unreasonable Refusal of Sublease by the Landlord in Elizabeth, New Jersey Introduction: As a tenant residing in Elizabeth, New Jersey, it is crucial to understand your rights and obligations when it comes to subleasing your rental property. Occasionally, landlords may unjustifiably deny their tenants the opportunity to sublet their space. This comprehensive letter aims to address the landlord's unreasonable refusal to allow sublease, providing guidance on what steps the tenant can take to resolve the issue. Below, we detail the contents and potential variations of these letters in different scenarios: 1. Standard Elizabeth New Jersey Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concern and disappointment regarding your recent decision to deny my request for subleasing the rental property [property address]. In accordance with the terms specified in our lease agreement, I firmly believe that my request to sublet the premises is reasonable and within my rights as a tenant. [Insert relevant details: length of the sublease, potential subtenant information, reasons for subletting, etc.]. Despite my attempts to directly discuss this matter with you, I have not received a satisfactory explanation for your refusal. I kindly request reconsideration of your decision, as it heavily affects my personal circumstances and financial stability. Should you maintain your stance on this unreasonable refusal, I would like to remind you that as a tenant, I reserve the right to explore other potential avenues to resolve this issue within legal parameters. However, I believe it would be in our best interest to have an open dialogue and find a mutually beneficial solution. I kindly request a prompt response to this letter and hope we can resolve this matter amicably. Sincerely, [Your Name] [Your Contact Information] 2. Elizabeth New Jersey Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable, Citing Legal Rights: Dear [Landlord's Name], I trust this letter finds you well. I am writing to express my deep concern and frustration with your recent decision to unreasonably deny my request to sublease the premises at [property address] as outlined in our lease agreement. Upon thoroughly reviewing the lease agreement, I am confident that my request to sublet complies with all applicable laws and regulations in Elizabeth, New Jersey. To ensure clarity, I have consulted legal resources, including the Elizabeth State Tenant's Rights Handbook, which explicitly acknowledges tenants' rights in subleasing, provided certain conditions are met. I must respectfully request that you reconsider your denial and provide a valid explanation supported by legitimate concerns relevant to my sublease request. I am more than willing to cooperate and address any reasonable concerns you may have regarding the potential subtenant. While I strongly believe in resolving this matter amicably, I also want to emphasize that denying my lawful rights may lead to an unnecessary escalation, requiring intervention from the appropriate legal authorities. I believe it would be in everyone's best interest to avoid such measures and maintain a positive landlord-tenant relationship. I kindly request a written response within [reasonable time frame] to this letter, addressing my concerns and indicating your willingness to engage in resolving this matter. Thank you for your prompt attention to this issue. Sincerely, [Your Name] [Your Contact Information] Note: Depending on the specific circumstances, the details included in the letter may vary. These variations may entail additional supporting documents, legal references, or providing alternate resolutions (such as transferring the lease or modifying lease terms). Flexibility in adjusting the content allows for a more accurate reflection of each tenant's unique situation.
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.