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: Challenging an Unreasonable Refusal: Bexar Texas Letter from Tenant to Landlord Regarding Sublease Denial Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concern and disappointment regarding your recent refusal to allow me to sublease my apartment at [address]. I believe your decision is unreasonable, and I wish to discuss this matter further to reach a fair and mutually beneficial resolution. Background: As you are aware, I have been a responsible tenant at [address] for [duration of tenancy]. During this time, I have upheld the terms of our lease agreement, promptly paying rent and maintaining the premises in excellent condition. Unfortunately, due to unforeseen circumstances, I find myself in a situation where I need to sublease the apartment for the remainder of the lease term. Importance of Subleasing: Subleasing is commonly practiced in the rental market and holds immense value for tenants. It provides tenants facing various challenges, such as job relocations, financial hardships, or even family emergencies, with a practical solution to avoid breaking the lease and incurring significant penalties. This flexibility benefits both parties involved, allowing the landlord to maintain continuous income while the tenant can fulfill their obligations without undue burden. Relevance of Bexar, Texas Laws: In Bexar, Texas, subleasing is a legally permissible practice, as stated under [relevant section of Bexar Texas tenant-landlord laws]. Neither our lease agreement nor Bexar, Texas law prohibits me from subletting the apartment, given that the sublessee meets the necessary screening criteria and assumes the responsibilities outlined in the original lease agreement. Reasons for Reasonability: While I understand you have the right to protect your property by screening potential sublessees, your outright denial of my sublease request without valid justification is unreasonable. It is important to note that I have already found a responsible and trustworthy candidate who was willing to fulfill the subleasing requirements and meet all the necessary obligations. Potential Resolutions: 1. Meet to discuss concerns: I request a meeting to discuss your reservations or concerns regarding subleasing personally. Open communication will allow us to address any misinterpretations or misconceptions and find middle ground. 2. Execute a sublease agreement: In the spirit of cooperation, I am happy to draft a legally binding sublease agreement that outlines the sublessee's obligations, responsibilities, and the duration of the sublease. This agreement can be reviewed by legal professionals to ensure it is in compliance with Bexar, Texas laws. 3. Additional security measures: If your concerns primarily revolve around protecting your property, we can explore options such as increasing the security deposit or requiring the sublessee to obtain renters' insurance. These measures can provide you with additional peace of mind while allowing me to fulfill my obligations. Conclusion: I hope you understand the importance of addressing this matter promptly and fairly. By allowing the sublease to proceed, we can find a solution that benefits all parties involved. I kindly request your reconsideration of your initial decision and look forward to resolving this matter amicably. Yours sincerely, [Your Name] [Your Contact Information]Title: Challenging an Unreasonable Refusal: Bexar Texas Letter from Tenant to Landlord Regarding Sublease Denial Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my concern and disappointment regarding your recent refusal to allow me to sublease my apartment at [address]. I believe your decision is unreasonable, and I wish to discuss this matter further to reach a fair and mutually beneficial resolution. Background: As you are aware, I have been a responsible tenant at [address] for [duration of tenancy]. During this time, I have upheld the terms of our lease agreement, promptly paying rent and maintaining the premises in excellent condition. Unfortunately, due to unforeseen circumstances, I find myself in a situation where I need to sublease the apartment for the remainder of the lease term. Importance of Subleasing: Subleasing is commonly practiced in the rental market and holds immense value for tenants. It provides tenants facing various challenges, such as job relocations, financial hardships, or even family emergencies, with a practical solution to avoid breaking the lease and incurring significant penalties. This flexibility benefits both parties involved, allowing the landlord to maintain continuous income while the tenant can fulfill their obligations without undue burden. Relevance of Bexar, Texas Laws: In Bexar, Texas, subleasing is a legally permissible practice, as stated under [relevant section of Bexar Texas tenant-landlord laws]. Neither our lease agreement nor Bexar, Texas law prohibits me from subletting the apartment, given that the sublessee meets the necessary screening criteria and assumes the responsibilities outlined in the original lease agreement. Reasons for Reasonability: While I understand you have the right to protect your property by screening potential sublessees, your outright denial of my sublease request without valid justification is unreasonable. It is important to note that I have already found a responsible and trustworthy candidate who was willing to fulfill the subleasing requirements and meet all the necessary obligations. Potential Resolutions: 1. Meet to discuss concerns: I request a meeting to discuss your reservations or concerns regarding subleasing personally. Open communication will allow us to address any misinterpretations or misconceptions and find middle ground. 2. Execute a sublease agreement: In the spirit of cooperation, I am happy to draft a legally binding sublease agreement that outlines the sublessee's obligations, responsibilities, and the duration of the sublease. This agreement can be reviewed by legal professionals to ensure it is in compliance with Bexar, Texas laws. 3. Additional security measures: If your concerns primarily revolve around protecting your property, we can explore options such as increasing the security deposit or requiring the sublessee to obtain renters' insurance. These measures can provide you with additional peace of mind while allowing me to fulfill my obligations. Conclusion: I hope you understand the importance of addressing this matter promptly and fairly. By allowing the sublease to proceed, we can find a solution that benefits all parties involved. I kindly request your reconsideration of your initial decision and look forward to resolving this matter amicably. 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.
