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: Challenging the Landlord's Unreasonable Refusal to Allow Sublease in Brownsville, Texas Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concerns regarding your recent decision to refuse my request for subleasing the premises located at [Property Address] in Brownsville, Texas. It is my staunch belief that this refusal goes against the principles of fairness, flexibility, and reasonability that should govern the landlord-tenant relationship. First and foremost, as you are well aware, subleasing is a common practice which benefits both tenants and landlords in numerous ways. It provides tenants with a valuable option to find suitable replacements during temporary relocations, financial hardships, or unforeseen circumstances that may prevent them from fulfilling their lease commitments. Meanwhile, it allows you, as the landlord, to maintain a consistent stream of rental income without incurring any additional expenses associated with seeking new tenants. Despite my genuine need to sublease and having approached you well in advance, you have unreasonably blocked this opportunity, thus disregarding our mutually beneficial partnership. It is important to note that my proposed subtenant has a meticulously reviewed and approved application, and fulfills all the necessary criteria to become a reliable and responsible occupant. Denying this sublease not only places an unnecessary burden on me but also risks causing further financial strains, rendering it unjustifiable. Please be aware that my request to sublease is not made capriciously or without valid reason. [Duly explain the circumstances promoting the sublease, such as personal or financial concerns, temporary absence, or relocation]. Knowing that such extraordinary circumstances might emerge, it is prudent for both landlords and tenants to include sublease provisions within the lease agreement, facilitating a fair and feasible resolution for all parties involved. The current situation compels me to respectfully draw your attention to the relevant Texas laws and regulations that uphold the tenant's rights regarding subleasing, in order to reinforce my position. According to Title 8, Chapter 91, Subchapter B of the Texas Property Code, unless explicitly stated and agreed upon in writing, a landlord may not unreasonably withhold consent to sublease, unless there are justifiable grounds, such as potential damage or breakdown in trust between the proposed sublessee and the landlord. In light of the aforementioned legal context, I kindly request you reconsider your refusal to allow sublease at the aforementioned premises. I believe that a reasonable and open-minded approach in this matter could lead to a swift resolution, preserving the harmony of business relations and demonstrating your commitment to fair and ethical practices as a landlord. Should you persist in your unreasonable refusal, I may have no choice but to consider alternative options, including seeking legal advice and exploring the available channels for conflict resolution, as prescribed by the Texas Property Code. I genuinely hope that we can find common ground and resolve this matter amicably, harboring a spirit of cooperation that reinforces our positive tenant-landlord relationship. I anticipate your prompt response and eagerly look forward to a favorable resolution. Thank you for your time and understanding. Sincerely, [Your Name] [Your Address] [Your Contact Information]Subject: Challenging the Landlord's Unreasonable Refusal to Allow Sublease in Brownsville, Texas Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concerns regarding your recent decision to refuse my request for subleasing the premises located at [Property Address] in Brownsville, Texas. It is my staunch belief that this refusal goes against the principles of fairness, flexibility, and reasonability that should govern the landlord-tenant relationship. First and foremost, as you are well aware, subleasing is a common practice which benefits both tenants and landlords in numerous ways. It provides tenants with a valuable option to find suitable replacements during temporary relocations, financial hardships, or unforeseen circumstances that may prevent them from fulfilling their lease commitments. Meanwhile, it allows you, as the landlord, to maintain a consistent stream of rental income without incurring any additional expenses associated with seeking new tenants. Despite my genuine need to sublease and having approached you well in advance, you have unreasonably blocked this opportunity, thus disregarding our mutually beneficial partnership. It is important to note that my proposed subtenant has a meticulously reviewed and approved application, and fulfills all the necessary criteria to become a reliable and responsible occupant. Denying this sublease not only places an unnecessary burden on me but also risks causing further financial strains, rendering it unjustifiable. Please be aware that my request to sublease is not made capriciously or without valid reason. [Duly explain the circumstances promoting the sublease, such as personal or financial concerns, temporary absence, or relocation]. Knowing that such extraordinary circumstances might emerge, it is prudent for both landlords and tenants to include sublease provisions within the lease agreement, facilitating a fair and feasible resolution for all parties involved. The current situation compels me to respectfully draw your attention to the relevant Texas laws and regulations that uphold the tenant's rights regarding subleasing, in order to reinforce my position. According to Title 8, Chapter 91, Subchapter B of the Texas Property Code, unless explicitly stated and agreed upon in writing, a landlord may not unreasonably withhold consent to sublease, unless there are justifiable grounds, such as potential damage or breakdown in trust between the proposed sublessee and the landlord. In light of the aforementioned legal context, I kindly request you reconsider your refusal to allow sublease at the aforementioned premises. I believe that a reasonable and open-minded approach in this matter could lead to a swift resolution, preserving the harmony of business relations and demonstrating your commitment to fair and ethical practices as a landlord. Should you persist in your unreasonable refusal, I may have no choice but to consider alternative options, including seeking legal advice and exploring the available channels for conflict resolution, as prescribed by the Texas Property Code. I genuinely hope that we can find common ground and resolve this matter amicably, harboring a spirit of cooperation that reinforces our positive tenant-landlord relationship. I anticipate your prompt response and eagerly look forward to a favorable resolution. Thank you for your time and understanding. Sincerely, [Your Name] [Your Address] [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.
