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: Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease — Tenant's Letter to Landlord in Overland Park, Kansas Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing my apartment located in Overland Park, Kansas. As a responsible tenant, I believe it is crucial to address this matter and outline the reasons why your refusal appears to be unreasonable and potentially in violation of our tenancy agreement. First and foremost, it is important to note that subletting is an established practice within the real estate industry and is often considered a reasonable solution for tenants facing temporary financial hardships, extended travel plans, or any situation that may require them to be away from their leased premises for a specific period. I strongly believe that I meet all the necessary criteria to engage in subleasing and that it would not have a negative impact on the property or its overall integrity. To begin with, Kansas rental law recognizes the tenant's right to sublease unless explicitly stated otherwise in the lease agreement. After thoroughly reviewing our lease, I could not find any provision that restricts or prohibits subleasing. In light of this, your refusal seems incompatible with the terms we both agreed upon when signing the lease. Furthermore, I would like to highlight that my proposed sublessee has undergone a rigorous screening process, including a comprehensive background and credit check, which I have already shared with you. This process ensures that the sublessee is financially responsible, reliable, and safeguarded against any potential risks. By refusing to allow subleasing, you are effectively disregarding these precautions, which demonstrate my commitment to finding a responsible replacement tenant. Additionally, I have meticulously maintained the property during my tenancy, promptly reporting and attending to any necessary repairs or maintenance concerns. As such, the apartment is in excellent condition, and by subleasing, I am ensuring that the property continues to be well-maintained during my absence. My proposed sublessee has also expressed a strong interest in preserving the property's condition, providing peace of mind for all parties involved. Moreover, it is important to mention that my request for subleasing is driven by unforeseen circumstances that genuinely necessitate filling the void temporarily. While my intention is to return and fulfill my lease obligations once these circumstances are resolved, your refusal is placing an undue burden on me financially and emotionally. To conclude, it is my sincere hope that we can engage in a constructive discussion to reconsider your current refusal. Subletting, within the parameters outlined above, is in compliance with both my rights as a tenant and the established legal framework. By allowing me to proceed with subleasing, not only would you be demonstrating fairness, but you would also be preserving a positive and harmonious tenant-landlord relationship. I kindly request that you review this matter carefully and respond to my concerns within [specified timeframe]. I am open to scheduling a meeting or discussing this matter further to find an agreeable resolution that respects both parties' rights and obligations. Thank you for your attention and cooperation in this matter. Sincerely, [Your Name] [Your Apartment Address] [City, State, ZIP] [Phone Number] [Email Address]
Subject: Concerns Regarding Landlord's Unreasonable Refusal to Allow Sublease — Tenant's Letter to Landlord in Overland Park, Kansas Dear [Landlord's Name], I hope this letter finds you well. I am writing to express my deep concern regarding your recent decision to refuse my request for subleasing my apartment located in Overland Park, Kansas. As a responsible tenant, I believe it is crucial to address this matter and outline the reasons why your refusal appears to be unreasonable and potentially in violation of our tenancy agreement. First and foremost, it is important to note that subletting is an established practice within the real estate industry and is often considered a reasonable solution for tenants facing temporary financial hardships, extended travel plans, or any situation that may require them to be away from their leased premises for a specific period. I strongly believe that I meet all the necessary criteria to engage in subleasing and that it would not have a negative impact on the property or its overall integrity. To begin with, Kansas rental law recognizes the tenant's right to sublease unless explicitly stated otherwise in the lease agreement. After thoroughly reviewing our lease, I could not find any provision that restricts or prohibits subleasing. In light of this, your refusal seems incompatible with the terms we both agreed upon when signing the lease. Furthermore, I would like to highlight that my proposed sublessee has undergone a rigorous screening process, including a comprehensive background and credit check, which I have already shared with you. This process ensures that the sublessee is financially responsible, reliable, and safeguarded against any potential risks. By refusing to allow subleasing, you are effectively disregarding these precautions, which demonstrate my commitment to finding a responsible replacement tenant. Additionally, I have meticulously maintained the property during my tenancy, promptly reporting and attending to any necessary repairs or maintenance concerns. As such, the apartment is in excellent condition, and by subleasing, I am ensuring that the property continues to be well-maintained during my absence. My proposed sublessee has also expressed a strong interest in preserving the property's condition, providing peace of mind for all parties involved. Moreover, it is important to mention that my request for subleasing is driven by unforeseen circumstances that genuinely necessitate filling the void temporarily. While my intention is to return and fulfill my lease obligations once these circumstances are resolved, your refusal is placing an undue burden on me financially and emotionally. To conclude, it is my sincere hope that we can engage in a constructive discussion to reconsider your current refusal. Subletting, within the parameters outlined above, is in compliance with both my rights as a tenant and the established legal framework. By allowing me to proceed with subleasing, not only would you be demonstrating fairness, but you would also be preserving a positive and harmonious tenant-landlord relationship. I kindly request that you review this matter carefully and respond to my concerns within [specified timeframe]. I am open to scheduling a meeting or discussing this matter further to find an agreeable resolution that respects both parties' rights and obligations. Thank you for your attention and cooperation in this matter. Sincerely, [Your Name] [Your Apartment Address] [City, State, ZIP] [Phone Number] [Email Address]
