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: Phoenix Arizona Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: The purpose of this letter is to address the issue of the landlord's refusal to allow sublease, which I believe is an unreasonable decision. As a resident of Phoenix, Arizona, I would like to discuss the importance of negotiating a fair subleasing policy. This letter aims to outline the reasons why the landlord's refusal is unjustifiable and propose potential alternatives to resolve this matter amicably. 1. State the Tenant's Rights: As a tenant, it is crucial to highlight the legal rights that protect me in this situation. In Phoenix, Arizona, tenants have certain rights regarding subleasing as stipulated by the Arizona Residential Landlord and Tenant Act. Point out specific sections or clauses that grant the right to sublease or demonstrate the lack of a legal basis for the landlord's refusal. 2. Justification for Requested Sublease: Explain the reasons for wanting to sublease the rental property. Emphasize that this request is not an attempt to evade responsibility but rather a practical solution in specific situations such as job relocation, temporary absence, or financial difficulties. Describe any extenuating circumstances that justify the need for subleasing and assure the landlord that a suitable subtenant will be found. 3. Highlight Benefits of Subleasing: Enumerate the potential advantages of allowing subleasing. This could include maintaining a consistent rental income, reducing vacancy periods, and ensuring that the property remains occupied. Assure the landlord that the sublease agreement will strictly follow all lease provisions, including a thorough screening process to find responsible subtenants. 4. Proposed Alternative Solutions: If the landlord remains skeptical about subleasing, offer alternative solutions that could address their concerns while still meeting the tenant's needs. Suggest measures such as requiring subtenants to undergo a background check, drawing up a sublease agreement that holds both the original tenant and subtenant responsible, or providing additional security deposit to alleviate any potential financial risks. 5. Seek Mediation or Legal Advice: If attempts to reach an agreement fail, express the willingness to seek mediation or legal advice to resolve the issue. Point out that escalating the situation to legal action could be costly and time-consuming for both parties, emphasizing the importance of finding a mutually beneficial and fair solution. Conclusion: In conclusion, this letter aims to establish the grounds for a reconsideration of the landlord's refusal to allow sublease, stressing the unjustifiably of such a decision based on relevant legal rights and practical reasoning. By outlining the benefits of subleasing and suggesting alternative measures, the tenant hopes to reach a resolution that accommodates both parties' interests.Title: Phoenix Arizona Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: The purpose of this letter is to address the issue of the landlord's refusal to allow sublease, which I believe is an unreasonable decision. As a resident of Phoenix, Arizona, I would like to discuss the importance of negotiating a fair subleasing policy. This letter aims to outline the reasons why the landlord's refusal is unjustifiable and propose potential alternatives to resolve this matter amicably. 1. State the Tenant's Rights: As a tenant, it is crucial to highlight the legal rights that protect me in this situation. In Phoenix, Arizona, tenants have certain rights regarding subleasing as stipulated by the Arizona Residential Landlord and Tenant Act. Point out specific sections or clauses that grant the right to sublease or demonstrate the lack of a legal basis for the landlord's refusal. 2. Justification for Requested Sublease: Explain the reasons for wanting to sublease the rental property. Emphasize that this request is not an attempt to evade responsibility but rather a practical solution in specific situations such as job relocation, temporary absence, or financial difficulties. Describe any extenuating circumstances that justify the need for subleasing and assure the landlord that a suitable subtenant will be found. 3. Highlight Benefits of Subleasing: Enumerate the potential advantages of allowing subleasing. This could include maintaining a consistent rental income, reducing vacancy periods, and ensuring that the property remains occupied. Assure the landlord that the sublease agreement will strictly follow all lease provisions, including a thorough screening process to find responsible subtenants. 4. Proposed Alternative Solutions: If the landlord remains skeptical about subleasing, offer alternative solutions that could address their concerns while still meeting the tenant's needs. Suggest measures such as requiring subtenants to undergo a background check, drawing up a sublease agreement that holds both the original tenant and subtenant responsible, or providing additional security deposit to alleviate any potential financial risks. 5. Seek Mediation or Legal Advice: If attempts to reach an agreement fail, express the willingness to seek mediation or legal advice to resolve the issue. Point out that escalating the situation to legal action could be costly and time-consuming for both parties, emphasizing the importance of finding a mutually beneficial and fair solution. Conclusion: In conclusion, this letter aims to establish the grounds for a reconsideration of the landlord's refusal to allow sublease, stressing the unjustifiably of such a decision based on relevant legal rights and practical reasoning. By outlining the benefits of subleasing and suggesting alternative measures, the tenant hopes to reach a resolution that accommodates both parties' interests.
