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.
Subject: Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease in Sioux Falls, South Dakota Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern and disappointment regarding your recent refusal to allow me to sublease my rental unit in Sioux Falls, South Dakota. I believe your decision is unreasonable and fails to acknowledge the reasonable request I have made. As you are aware, a sublease agreement often benefits both parties involved by allowing me, as the tenant, to find a suitable replacement for the remainder of my lease term and provide some financial relief. This process involves finding a responsible individual who meets your tenant screening criteria, ensuring the continued payment of rent, and maintaining the property in good condition. First and foremost, I would like to draw your attention to the terms outlined in our lease agreement. Nowhere does it state that I am prohibited from pursuing a sublease arrangement or that I am required to obtain your explicit permission. This omission suggests a certain level of freedom regarding subletting, as long as I fulfill my obligations as a tenant, such as finding a qualified sublessee and providing you with their information. I would also like to highlight the current rental market conditions in Sioux Falls. As the city continues to attract new residents, finding suitable accommodation has become increasingly challenging. Denying my request to sublease my unit not only restricts my options but also contributes to the scarcity of rental properties available to potential tenants. It is essential to recognize that by permitting subleasing, you exemplify a willingness to accommodate tenants' shifting circumstances while contributing to the overall housing stability in our community. Additionally, I assure you that I have gone through great efforts to ensure the candidacy of my proposed sublessee. [If applicable, describe their reliability, financial stability, and ability to meet their rental obligations]. By taking these precautions, I am demonstrating my commitment to finding a suitable replacement who will uphold the same standards of responsibility and care for the property. Considering the aforementioned factors, it is my firm belief that your refusal to allow subleasing is not only unreasonable but also goes against the principle of a mutually beneficial landlord-tenant relationship. It is my hope that you will reconsider your stance on this matter and grant permission for the sublease to proceed. By doing so, you would alleviate unnecessary financial burden on me while maintaining the property's occupancy rate. If you have any concerns or require further information, please do not hesitate to reach out to me. I am more than willing to provide additional details, discuss any potential modifications to the proposed sublease arrangement, or address any other concerns you may have. I look forward to your prompt response, and I genuinely hope we can find a resolution that aligns with the best interests of all parties involved. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]Subject: Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease in Sioux Falls, South Dakota Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern and disappointment regarding your recent refusal to allow me to sublease my rental unit in Sioux Falls, South Dakota. I believe your decision is unreasonable and fails to acknowledge the reasonable request I have made. As you are aware, a sublease agreement often benefits both parties involved by allowing me, as the tenant, to find a suitable replacement for the remainder of my lease term and provide some financial relief. This process involves finding a responsible individual who meets your tenant screening criteria, ensuring the continued payment of rent, and maintaining the property in good condition. First and foremost, I would like to draw your attention to the terms outlined in our lease agreement. Nowhere does it state that I am prohibited from pursuing a sublease arrangement or that I am required to obtain your explicit permission. This omission suggests a certain level of freedom regarding subletting, as long as I fulfill my obligations as a tenant, such as finding a qualified sublessee and providing you with their information. I would also like to highlight the current rental market conditions in Sioux Falls. As the city continues to attract new residents, finding suitable accommodation has become increasingly challenging. Denying my request to sublease my unit not only restricts my options but also contributes to the scarcity of rental properties available to potential tenants. It is essential to recognize that by permitting subleasing, you exemplify a willingness to accommodate tenants' shifting circumstances while contributing to the overall housing stability in our community. Additionally, I assure you that I have gone through great efforts to ensure the candidacy of my proposed sublessee. [If applicable, describe their reliability, financial stability, and ability to meet their rental obligations]. By taking these precautions, I am demonstrating my commitment to finding a suitable replacement who will uphold the same standards of responsibility and care for the property. Considering the aforementioned factors, it is my firm belief that your refusal to allow subleasing is not only unreasonable but also goes against the principle of a mutually beneficial landlord-tenant relationship. It is my hope that you will reconsider your stance on this matter and grant permission for the sublease to proceed. By doing so, you would alleviate unnecessary financial burden on me while maintaining the property's occupancy rate. If you have any concerns or require further information, please do not hesitate to reach out to me. I am more than willing to provide additional details, discuss any potential modifications to the proposed sublease arrangement, or address any other concerns you may have. I look forward to your prompt response, and I genuinely hope we can find a resolution that aligns with the best interests of all parties involved. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [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.
