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.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Landlord's Full Name] [Landlord's Address] [City, State, ZIP] Subject: Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern and utmost disappointment regarding your unwarranted refusal to grant my request for a sublease of my rental property located at [Property Address] in Albuquerque, New Mexico. As a responsible and conscientious tenant, I have always made every effort to adhere to the terms and conditions outlined in our lease agreement. However, due to unforeseen circumstances, I find myself in a situation where subleasing the property becomes necessary. I have thoroughly reviewed our lease agreement, specifically the section pertaining to subletting, and it does not explicitly forbid or restrict subleasing with your prior written consent. It is crucial to highlight that my request for sublease is solely driven by legitimate reasons, which I believe warrant your understanding and cooperation. The primary purpose behind subleasing the property is to avoid financial hardships resulting from an unexpected job transfer I received. If I am unable to find a suitable sublessee, I would have no choice but to terminate my lease agreement prematurely, causing significant financial losses to both parties involved. In addition to the financial aspect, it is important to note that my sublessee would be subjected to the very same background checks, credit checks, and income verification procedures that I underwent when I initially signed the lease. This ensures that the sublessee will be a trustworthy and reliable party, upholding the conditions outlined in the lease agreement. Furthermore, I have taken great care to find a highly responsible and reliable individual, who not only understands the importance of maintaining the property but is also willing to fulfill all responsibilities set forth in the lease agreement. Their credentials and references are attached alongside this letter for your review. I kindly request you to reconsider your decision and grant me the permission to sublease the property. Your current refusal appears to be unreasonable, especially considering that my request aligns with the premises of the lease agreement and poses no risk to the property or its surroundings. Should you have any concerns or require further information, I am more than willing to address them promptly. I am committed to maintaining our good tenant-landlord relationship and resolving this matter amicably. I sincerely hope that you will reconsider your decision and acknowledge the fairness and legitimacy of my request. Furthermore, I appreciate your prompt attention to this matter and await a positive response within [reasonable timeframe]. Thank you for your understanding and cooperation. Yours sincerely, [Your Full Name]
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.
