Tampa Florida Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable

State:
Florida
City:
Tampa
Control #:
FL-1074LT
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Word; 
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Description

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 a Landlord's Unreasonable Refusal to Allow Sublease in Tampa, Florida Introduction: When tenants in Tampa, Florida face the situation where their landlord unreasonably denies their request to sublease their rental property, it may become necessary to write a formal letter addressing this issue. This letter serves to communicate the tenant's concerns and provide a comprehensive explanation as to why the landlord's decision is unjustified. Here is a detailed description of what such a letter could entail: 1. Salutation and Introduction: Address the letter to the landlord using their proper name, followed by a formal greeting. In the introduction, clearly state your intention to address the landlord's unreasonable refusal to allow sublease. 2. State the Request: Clearly articulate the desired sublease arrangement, including the proposed subtenant's information, their intended duration of stay, and any other relevant details. Emphasize your compliance with all terms and conditions outlined in the original lease agreement. 3. Highlight Reasonable Eligibility: Explain how the proposed subtenant meets all the qualifications required by the lease agreement, showcasing their financial stability, reliable rental history, and references. Reinforce the fact that this sublease will not hinder or compromise the property's condition or your responsibilities as a tenant. 4. Justify the Sublease: Provide valid reasons for wanting to sublease, such as temporary relocation due to work obligations, financial constraints, or unforeseeable circumstances. Showcase a genuine need for subleasing and highlight the practicality and legality of this arrangement. 5. Address Landlord's Concerns: Anticipate any concerns or objections the landlord might have and provide reassurance. Address points such as subletting guidelines in the original lease agreement, insurance coverage, and personal liability. Assure the landlord that all necessary steps will be taken to ensure responsible subtenancy. 6. Reference Local Regulations and Legalities: Discuss Tampa's specific laws and regulations regarding subleasing, mentioning relevant statutes or ordinances that support your right as a lawful tenant to sublease the rental property. Refer to the legal framework that upholds the tenant's rights, highlighting the fairness and reasonability of these regulations. 7. Propose a Solution: Suggest a fair compromise or alternative solution as an attempt to reach a resolution with the landlord. This may include offering to provide additional documentation, increasing security deposits, or allowing the landlord to review potential subtenants' applications. 8. Express Frustration and Seeking Cooperation: Articulate your dissatisfaction with the landlord's unjust refusal, conveying the negative impact it has on your tenancy and your contractual rights. Request the landlord's cooperation, urging them to reconsider their decision and demonstrate a commitment to maintaining a harmonious tenant-landlord relationship. Conclusion: In the concluding paragraph, restate your request for reconsideration of the landlord's refusal and express hope for a prompt resolution. Thank the landlord for their attention to the matter and denote your willingness to engage in further discussion if necessary. Possible letter variations: 1. Tampa Florida Letter from Tenant to Landlord about Landlord's Unreasonable Denial of Sublease Request due to Financial Hardship. 2. Tampa Florida Letter from Tenant to Landlord about Landlord's Unreasonable Refusal to Allow Sublease due to Temporary Relocation. 3. Tampa Florida Letter from Tenant to Landlord about Landlord's Unreasonable Denial of Sublease Request and Failure to Fulfill Maintenance Obligations.

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How to fill out Florida Letter From Tenant To Landlord About Landlord's Refusal To Allow Sublease Is Unreasonable?

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FAQ

In Florida, tenants are not banned from subletting unless there is a clause in their lease that says it's not allowed. However, even when a lease states that a tenant may not sublet without the explicit approval of a landlord, the landlord's refusal to allow a sublease must always be ?reasonable.?

Can a tenant refuse entry to a landlord or letting agent? Yes, they can. In 99% of cases a tenant refusing entry to a landlord will usually boil down to convenience, or lack thereof. Simply adjusting the time and date will be enough to gain access to the property.

Can you deny a landlord entry? As long as the landlord provided proper notice before the entry, the tenant cannot refuse to let the landlord enter the rental unit. You cannot deny the landlord's legal access to the apartment after receiving the notice of entry.

The Florida Residential Landlord Tenant Act prevails over what the lease says. A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use.

Notice of Entry Tenants cannot unreasonably deny their landlord access to the rental unit. However, landlords must provide the tenant with a reasonable amount of notice before entry. For a repair, the landlord must give the tenant 12-hour notice in writing.

Certain tenants living in social housing may be committing a criminal offence if they sublet their home without their landlord's permission or by going against what it says in their tenancy agreement. If you are found guilty of unlawful subletting, the court can make an unlawful profit order.

This is enforced by the Housing Act 1988, which affirms that tenants are unable to assign a tenancy or sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.

(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers,

Your landlord has to give you a section 13 notice if they want to increase your rent. You can only get a section 13 notice if you have an assured shorthold tenancy or assured tenancy. You shouldn't get a section 13 notice if you have any other type of tenancy.

What should I do if I want to sublet? Subletting is lawful where the tenant acquires the express written consent of the landlord. When attempting to sublet, it is very important that the tenant and prospective sub-tenant get the written consent of the landlord.

Interesting Questions

More info

83, the "Florida Residential Landlord and Tenant Act. Florida Residential Landlord and Tenant Act (Fla. Stat.Broward County ( 2010). Repair: See Section 83. Let's look at what a Florida rental agreement actually is. A residential lease is defined as a binding contract between a landlord and tenant. Can my landlord deny my request to sublet without reasonable grounds? What are the rules about housing conditions that landlords must follow? BASIC TERMS: Date: Apartment Community: The Province Louisville. Resident: (you" or "your").

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Tampa Florida Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable