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: Dispute regarding Unreasonable Refusal to Allow Sublease in Thousand Oaks, California Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern and disappointment in your recent decision to refuse my request for subleasing my residential property located at [Address] in Thousand Oaks, California. I believe your refusal to be unreasonable, and it does not align with the rights and responsibilities prescribed under the existing lease agreement. As you are aware, the lease agreement for the aforementioned property, which I signed on [Date], does not explicitly prohibit subleasing. Moreover, California law grants tenants the right to sublet their rental units unless the lease explicitly prohibits it. Considering the absence of any clause barring subleasing, it is my right as a tenant to explore this option, subject to complying with the required procedures and ensuring a responsible sublessee. By denying my proposal without providing a valid reason, you are effectively hindering my ability to exercise my tenant's rights and restrict my financial circumstances. Despite my diligent search for potential sublessees, your unreasonable refusal leaves me at a significant disadvantage, bearing the sole burden of the monthly rent and related utilities. It is crucial to highlight that subleasing is a widespread practice among tenants, especially in areas with a competitive rental market like Thousand Oaks, California. Allowing subleasing not only benefits tenants by offering them the opportunity to fulfill their financial obligations but also brings advantages to landlords as it fosters a continuous cash flow and ensures the property remains occupied during any temporary absences. I kindly request that you reconsider your decision and provide a fair and rational justification for your refusal. If there are legitimate concerns regarding subleasing, I am more than willing to address them and work towards a mutually beneficial resolution. Alternatively, I would appreciate your guidance on any feasible alternatives that can assist me in fulfilling my lease obligations while accommodating my changing circumstances. Please respond to this letter within [reasonable time frame], allowing us a chance to discuss the matter further and reach a resolution before any further actions are considered. I firmly believe that open and constructive communication can rectify this situation without the need for legal intervention, which I hope to avoid. Thank you for your attention to this matter. I trust that you will recognize the reasonableness of my request, and we can work together towards a mutually agreeable resolution. Sincerely, [Your Name] [Tenant's Contact Information] Alternative: Subject: Seeking Resolution for Unreasonable Refusal to Allow Sublease in Thousand Oaks, California Dear [Landlord's Name], I hope this letter finds you in good health. I am writing to address a concerning matter regarding your recent denial of my sublease request for the property located at [Address] in Thousand Oaks, California. I strongly believe your refusal was unreasonable and goes against the lease agreement. As per the lease agreement, signed on [Date], there is no explicit prohibition against subleasing. Furthermore, California state laws grant tenants the right to sublet their rental units unless stated otherwise in the lease. Given the lack of any clause that restricts subleasing, it is my right to pursue this option after following the necessary procedures and ensuring the selection of a responsible and reliable sublessee. Your refusal without providing a valid explanation severely hampers my ability to exercise my tenant's rights and puts me in a precarious financial situation. Despite my dedicated efforts to find suitable sublessees, your unreasonable denial leaves me burdened with the full monthly rent and related expenses. It is essential to note that in Thousand Oaks, California, subleasing is a common practice among tenants, particularly in areas with a competitive rental market. Permitting subleasing is mutually beneficial, benefiting tenants by aiding in meeting their financial obligations while ensuring consistent income for landlords and maintaining occupancy during any temporary absence. I kindly request that you reconsider your decision and offer a fair and logical justification for the denial. If you have legitimate concerns regarding subleasing, I am eager to address them and cooperate to find an equitable solution. Additionally, I seek your counsel on any alternatives that may contribute to fulfilling my lease responsibilities while accommodating my changing circumstances. I ask you to respond to this letter within a reasonable timeframe, granting us the opportunity to engage in further discussions and reach a resolution before considering any further actions. I firmly believe that through open communication and a willingness to find common ground, we can rectify this situation without resorting to any legal measures, which I am eager to avoid. Thank you for your attention to this matter. I trust that you will reconsider the reasonableness of my request, and we can find a collaborative resolution. Sincerely, [Your Name] [Tenant's Contact Information]Subject: Dispute regarding Unreasonable Refusal to Allow Sublease in Thousand Oaks, California Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern and disappointment in your recent decision to refuse my request for subleasing my residential property located at [Address] in Thousand Oaks, California. I believe your refusal to be unreasonable, and it does not align with the rights and responsibilities prescribed under the existing lease agreement. As you are aware, the lease agreement for the aforementioned property, which I signed on [Date], does not explicitly prohibit subleasing. Moreover, California law grants tenants the right to sublet their rental units unless the lease explicitly prohibits it. Considering the absence of any clause barring subleasing, it is my right as a tenant to explore this option, subject to complying with the required procedures and ensuring a responsible sublessee. By denying my proposal without providing a valid reason, you are effectively hindering my ability to exercise my tenant's rights and restrict my financial circumstances. Despite my diligent search for potential sublessees, your unreasonable refusal leaves me at a significant disadvantage, bearing the sole burden of the monthly rent and related utilities. It is crucial to highlight that subleasing is a widespread practice among tenants, especially in areas with a competitive rental market like Thousand Oaks, California. Allowing subleasing not only benefits tenants by offering them the opportunity to fulfill their financial obligations but also brings advantages to landlords as it fosters a continuous cash flow and ensures the property remains occupied during any temporary absences. I kindly request that you reconsider your decision and provide a fair and rational justification for your refusal. If there are legitimate concerns regarding subleasing, I am more than willing to address them and work towards a mutually beneficial resolution. Alternatively, I would appreciate your guidance on any feasible alternatives that can assist me in fulfilling my lease obligations while accommodating my changing circumstances. Please respond to this letter within [reasonable time frame], allowing us a chance to discuss the matter further and reach a resolution before any further actions are considered. I firmly believe that open and constructive communication can rectify this situation without the need for legal intervention, which I hope to avoid. Thank you for your attention to this matter. I trust that you will recognize the reasonableness of my request, and we can work together towards a mutually agreeable resolution. Sincerely, [Your Name] [Tenant's Contact Information] Alternative: Subject: Seeking Resolution for Unreasonable Refusal to Allow Sublease in Thousand Oaks, California Dear [Landlord's Name], I hope this letter finds you in good health. I am writing to address a concerning matter regarding your recent denial of my sublease request for the property located at [Address] in Thousand Oaks, California. I strongly believe your refusal was unreasonable and goes against the lease agreement. As per the lease agreement, signed on [Date], there is no explicit prohibition against subleasing. Furthermore, California state laws grant tenants the right to sublet their rental units unless stated otherwise in the lease. Given the lack of any clause that restricts subleasing, it is my right to pursue this option after following the necessary procedures and ensuring the selection of a responsible and reliable sublessee. Your refusal without providing a valid explanation severely hampers my ability to exercise my tenant's rights and puts me in a precarious financial situation. Despite my dedicated efforts to find suitable sublessees, your unreasonable denial leaves me burdened with the full monthly rent and related expenses. It is essential to note that in Thousand Oaks, California, subleasing is a common practice among tenants, particularly in areas with a competitive rental market. Permitting subleasing is mutually beneficial, benefiting tenants by aiding in meeting their financial obligations while ensuring consistent income for landlords and maintaining occupancy during any temporary absence. I kindly request that you reconsider your decision and offer a fair and logical justification for the denial. If you have legitimate concerns regarding subleasing, I am eager to address them and cooperate to find an equitable solution. Additionally, I seek your counsel on any alternatives that may contribute to fulfilling my lease responsibilities while accommodating my changing circumstances. I ask you to respond to this letter within a reasonable timeframe, granting us the opportunity to engage in further discussions and reach a resolution before considering any further actions. I firmly believe that through open communication and a willingness to find common ground, we can rectify this situation without resorting to any legal measures, which I am eager to avoid. Thank you for your attention to this matter. I trust that you will reconsider the reasonableness of my request, and we can find a collaborative resolution. Sincerely, [Your Name] [Tenant's Contact Information]
