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.
Title: Clarksville Tennessee Letter from Tenant to Landlord: Asserting Sublease Rights and Addressing Unreasonable Refusal Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your decision to refuse my request for subleasing the property located at [property address] in Clarksville, Tennessee. I believe your decision to be unreasonable and contrary to my rights as a tenant. This letter aims to outline the reasons behind my disagreement and provide relevant arguments and legal references to support my position. 1. The Importance of Sublease: Subleasing is a common practice in the real estate industry and is recognized as a legitimate right of tenants. It allows tenants to temporarily transfer their lease rights and obligations to a sublessee, while retaining ultimate responsibility for the lease. This practice helps tenants secure financial relief, maintain an established residence, and comply with lease obligations. 2. Legal Rights and Obligations: Under Tennessee law, tenants generally possess the right to sublease their rental property, unless the lease agreement clearly prohibits it. In the absence of such restrictions, it is reasonable for tenants to explore subleasing opportunities. It is important to review both the lease agreement and relevant state statutes to identify any specific terms related to subleasing. 3. Justification for Sublease: In my specific situation, I have found a responsible and reliable person who has expressed a genuine interest in subleasing the property for the remaining duration of my lease. This individual meets the necessary financial and background criteria, making them a suitable occupant. Their intentions align with the terms stated in the original lease agreement, and they agree to assume full responsibility for adhering to its terms. 4. Benefits for the Landlord: Allowing a sublease can be beneficial for a landlord in numerous ways. It ensures that the property remains occupied, reducing the risk of potential vandalism or unauthorized use. Moreover, the sublessee will undergo a thorough screening process, preventing any potential issues related to non-payment or property damage. 5. Mitigating Concerns: To address any concerns you may have, I am willing to take various steps to ensure a smooth subleasing process. These measures may include providing a thorough background check on the sublessee, establishing direct communication with you for any updates or issues, and requesting a reasonable security deposit from the sublessee to protect your interests. Conclusion: In light of the aforementioned reasons and the rights afforded to tenants by Tennessee law, I urge you to reconsider your refusal to allow subleasing of the aforementioned property. I believe that denying my request without reasonable justification is unjust and may expose you to potential legal consequences. It is my sincere hope that this letter opens the path for further discussion and resolution of this matter in a mutually satisfactory manner. Yours sincerely, [Your Name] [Your Contact Information]Title: Clarksville Tennessee Letter from Tenant to Landlord: Asserting Sublease Rights and Addressing Unreasonable Refusal Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concerns regarding your decision to refuse my request for subleasing the property located at [property address] in Clarksville, Tennessee. I believe your decision to be unreasonable and contrary to my rights as a tenant. This letter aims to outline the reasons behind my disagreement and provide relevant arguments and legal references to support my position. 1. The Importance of Sublease: Subleasing is a common practice in the real estate industry and is recognized as a legitimate right of tenants. It allows tenants to temporarily transfer their lease rights and obligations to a sublessee, while retaining ultimate responsibility for the lease. This practice helps tenants secure financial relief, maintain an established residence, and comply with lease obligations. 2. Legal Rights and Obligations: Under Tennessee law, tenants generally possess the right to sublease their rental property, unless the lease agreement clearly prohibits it. In the absence of such restrictions, it is reasonable for tenants to explore subleasing opportunities. It is important to review both the lease agreement and relevant state statutes to identify any specific terms related to subleasing. 3. Justification for Sublease: In my specific situation, I have found a responsible and reliable person who has expressed a genuine interest in subleasing the property for the remaining duration of my lease. This individual meets the necessary financial and background criteria, making them a suitable occupant. Their intentions align with the terms stated in the original lease agreement, and they agree to assume full responsibility for adhering to its terms. 4. Benefits for the Landlord: Allowing a sublease can be beneficial for a landlord in numerous ways. It ensures that the property remains occupied, reducing the risk of potential vandalism or unauthorized use. Moreover, the sublessee will undergo a thorough screening process, preventing any potential issues related to non-payment or property damage. 5. Mitigating Concerns: To address any concerns you may have, I am willing to take various steps to ensure a smooth subleasing process. These measures may include providing a thorough background check on the sublessee, establishing direct communication with you for any updates or issues, and requesting a reasonable security deposit from the sublessee to protect your interests. Conclusion: In light of the aforementioned reasons and the rights afforded to tenants by Tennessee law, I urge you to reconsider your refusal to allow subleasing of the aforementioned property. I believe that denying my request without reasonable justification is unjust and may expose you to potential legal consequences. It is my sincere hope that this letter opens the path for further discussion and resolution of this matter in a mutually satisfactory manner. Yours sincerely, [Your Name] [Your 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.