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 Landlord's Unreasonable Refusal to Allow Sublease in San Bernardino, California Introduction: Dear [Landlord's Name], I am writing this letter to express my deep concern and dissatisfaction regarding your refusal to grant permission for subleasing my rental unit located at [Address], San Bernardino, California. Unfortunately, I believe your decision is unjustified and unreasonable, and I kindly request your reconsideration in light of the following points. 1. Legally Permissible Subleasing: As a tenant in California, I am well aware that our state law, specifically the California Civil Code [Enter Section number], recognizes the tenant's right to sublease the rental property unless a lease agreement explicitly prohibits it. After carefully reviewing the lease agreement, I found no clause or provision that prohibits subleasing, leaving me within my rights to pursue this avenue. 2. Informing the Landlord: It is crucial to emphasize that I have been forthcoming in notifying you well in advance about my intention to sublease. I believe in maintaining open communication to ensure that both parties are aware of the situation. By doing so, I have demonstrated my commitment to cooperation and respect in this matter. 3. Rationale for Subleasing: There are several legitimate reasons that necessitate my subleasing arrangement. These reasons may include financial difficulties, medical circumstances, job relocations, or personal emergencies. In my case, I find myself in a situation that requires me to temporarily vacate the property, but at the same time, I do not want to breach my obligations as a tenant by breaking the lease agreement. Subleasing provides a win-win solution by allowing me to fulfill my lease obligations while ensuring the uninterrupted payment of rent. It also prevents any potential financial strain associated with breaking the lease and searching for a new tenant. 4. Responsible Selection of Sublessee: It is important to address any concerns you may have regarding potential sublessees. I want to assure you that I will exercise great care in selecting a responsible and trustworthy sublessee who will abide by the terms outlined in the original lease agreement. I understand the need for maintaining the quality and integrity of the property, as well as ensuring its wellbeing during the sublease period. Conclusion: In light of the aforementioned points, I kindly request you to reconsider your position and grant me permission to sublease the rental property at [Address], San Bernardino, California. By allowing this temporary arrangement, we can ensure the continuity of the lease agreement, the timely payment of rent, and the preservation of a fair and respectful landlord-tenant relationship. I kindly await your prompt response, and should you require any further information or clarification, I am more than willing to provide it. Yours sincerely, [Your Name] [Your Contact Information] Optional Additional Types of San Bernardino California Letters from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable: 1. San Bernardino California: Request for Mediation or Legal Intervention In cases where the landlord remains unyielding or persistently refuses to reconsider the unreasonable denial of sublease, this type of letter could be drafted to request mediation through a neutral third party or to explore legal recourse available to tenants in San Bernardino, California. 2. San Bernardino California: Explanation of Fair Housing Rights Violation If the tenant believes that the landlord's refusal to allow sublease is rooted in discriminatory practices or is in violation of fair housing laws, this letter addresses the issue and highlights the potential legal consequences for such unlawful actions in San Bernardino, California.Title: Challenging Landlord's Unreasonable Refusal to Allow Sublease in San Bernardino, California Introduction: Dear [Landlord's Name], I am writing this letter to express my deep concern and dissatisfaction regarding your refusal to grant permission for subleasing my rental unit located at [Address], San Bernardino, California. Unfortunately, I believe your decision is unjustified and unreasonable, and I kindly request your reconsideration in light of the following points. 1. Legally Permissible Subleasing: As a tenant in California, I am well aware that our state law, specifically the California Civil Code [Enter Section number], recognizes the tenant's right to sublease the rental property unless a lease agreement explicitly prohibits it. After carefully reviewing the lease agreement, I found no clause or provision that prohibits subleasing, leaving me within my rights to pursue this avenue. 2. Informing the Landlord: It is crucial to emphasize that I have been forthcoming in notifying you well in advance about my intention to sublease. I believe in maintaining open communication to ensure that both parties are aware of the situation. By doing so, I have demonstrated my commitment to cooperation and respect in this matter. 3. Rationale for Subleasing: There are several legitimate reasons that necessitate my subleasing arrangement. These reasons may include financial difficulties, medical circumstances, job relocations, or personal emergencies. In my case, I find myself in a situation that requires me to temporarily vacate the property, but at the same time, I do not want to breach my obligations as a tenant by breaking the lease agreement. Subleasing provides a win-win solution by allowing me to fulfill my lease obligations while ensuring the uninterrupted payment of rent. It also prevents any potential financial strain associated with breaking the lease and searching for a new tenant. 4. Responsible Selection of Sublessee: It is important to address any concerns you may have regarding potential sublessees. I want to assure you that I will exercise great care in selecting a responsible and trustworthy sublessee who will abide by the terms outlined in the original lease agreement. I understand the need for maintaining the quality and integrity of the property, as well as ensuring its wellbeing during the sublease period. Conclusion: In light of the aforementioned points, I kindly request you to reconsider your position and grant me permission to sublease the rental property at [Address], San Bernardino, California. By allowing this temporary arrangement, we can ensure the continuity of the lease agreement, the timely payment of rent, and the preservation of a fair and respectful landlord-tenant relationship. I kindly await your prompt response, and should you require any further information or clarification, I am more than willing to provide it. Yours sincerely, [Your Name] [Your Contact Information] Optional Additional Types of San Bernardino California Letters from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable: 1. San Bernardino California: Request for Mediation or Legal Intervention In cases where the landlord remains unyielding or persistently refuses to reconsider the unreasonable denial of sublease, this type of letter could be drafted to request mediation through a neutral third party or to explore legal recourse available to tenants in San Bernardino, California. 2. San Bernardino California: Explanation of Fair Housing Rights Violation If the tenant believes that the landlord's refusal to allow sublease is rooted in discriminatory practices or is in violation of fair housing laws, this letter addresses the issue and highlights the potential legal consequences for such unlawful actions in San Bernardino, California.
