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: Concern regarding Landlord's Unreasonable Refusal to Allow Sublease in North Charleston, South Carolina Dear [Landlord's Name], I am writing to express my deep concern and disappointment regarding your recent refusal to allow me to sublease my rental property located in North Charleston, South Carolina. As your tenant, I firmly believe that your decision is unjust and unreasonable, and I kindly request your reconsideration to ensure a fair resolution to this matter. Firstly, it is important to acknowledge that subleasing provides numerous benefits for both parties involved. Subleasing allows me to find a responsible tenant to occupy the premises temporarily while I am away for a specific period, such as for work-related obligations or personal reasons. It assures me of rental income to meet my obligations and ensures the property remains occupied, reducing the risks associated with vacancy or potential damages. Additionally, this arrangement ensures that I can responsibly fulfill my responsibilities as a tenant and abide by the terms of our lease agreement. Furthermore, it is essential to highlight that my request to sublease the property is well within the rights provided by South Carolina's landlord-tenant laws. According to the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. §27-40-770), a landlord cannot unreasonably withhold consent to a tenant's request to sublet the premises, unless there are legitimate concerns related to the potential subtenant's ability to fulfill their obligations or relevant legal restrictions. To address any concerns you may have, I have taken the liberty to find a highly suitable subtenant who meets all the necessary qualifications to responsibly occupy the premises during my absence. [Include details about the potential subtenant here, such as their employment status, references, and financial stability]. By selecting this subtenant, I am demonstrating my commitment to maintaining the same level of care and responsibility that I have shown throughout my tenancy. Not allowing me to sublease the property not only restricts my ability to fulfill my obligations under the lease agreement but also creates unnecessary financial hardships and emotional distress. It is vital for me to maintain a stable housing situation, especially when I have taken proactive steps to find a reliable subtenant. In light of the above, I kindly request your prompt reconsideration of your refusal to allow the sublease of my rental property. I believe that it is both my legal right as a tenant and a fair request given the circumstances. Please provide a written response within [reasonable timeframe] to indicate your revised decision, allowing me to proceed with the sublease or provide justifiable reasons for maintaining your current stance. Thank you for your attention to this matter. I hope we can find a mutually beneficial solution that upholds my rights as a tenant while ensuring the property remains responsibly occupied during my absence. I eagerly await your response and look forward to resolving this matter amicably. Sincerely, [Your Name] [Tenant's Address] [Tenant's Contact Information]
Subject: Concern regarding Landlord's Unreasonable Refusal to Allow Sublease in North Charleston, South Carolina Dear [Landlord's Name], I am writing to express my deep concern and disappointment regarding your recent refusal to allow me to sublease my rental property located in North Charleston, South Carolina. As your tenant, I firmly believe that your decision is unjust and unreasonable, and I kindly request your reconsideration to ensure a fair resolution to this matter. Firstly, it is important to acknowledge that subleasing provides numerous benefits for both parties involved. Subleasing allows me to find a responsible tenant to occupy the premises temporarily while I am away for a specific period, such as for work-related obligations or personal reasons. It assures me of rental income to meet my obligations and ensures the property remains occupied, reducing the risks associated with vacancy or potential damages. Additionally, this arrangement ensures that I can responsibly fulfill my responsibilities as a tenant and abide by the terms of our lease agreement. Furthermore, it is essential to highlight that my request to sublease the property is well within the rights provided by South Carolina's landlord-tenant laws. According to the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. §27-40-770), a landlord cannot unreasonably withhold consent to a tenant's request to sublet the premises, unless there are legitimate concerns related to the potential subtenant's ability to fulfill their obligations or relevant legal restrictions. To address any concerns you may have, I have taken the liberty to find a highly suitable subtenant who meets all the necessary qualifications to responsibly occupy the premises during my absence. [Include details about the potential subtenant here, such as their employment status, references, and financial stability]. By selecting this subtenant, I am demonstrating my commitment to maintaining the same level of care and responsibility that I have shown throughout my tenancy. Not allowing me to sublease the property not only restricts my ability to fulfill my obligations under the lease agreement but also creates unnecessary financial hardships and emotional distress. It is vital for me to maintain a stable housing situation, especially when I have taken proactive steps to find a reliable subtenant. In light of the above, I kindly request your prompt reconsideration of your refusal to allow the sublease of my rental property. I believe that it is both my legal right as a tenant and a fair request given the circumstances. Please provide a written response within [reasonable timeframe] to indicate your revised decision, allowing me to proceed with the sublease or provide justifiable reasons for maintaining your current stance. Thank you for your attention to this matter. I hope we can find a mutually beneficial solution that upholds my rights as a tenant while ensuring the property remains responsibly occupied during my absence. I eagerly await your response and look forward to resolving this matter amicably. Sincerely, [Your Name] [Tenant's Address] [Tenant's 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.
