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: Challenging the Unreasonable Refusal of Sublease Permission — Boston, Massachusetts Dear [Landlord's Name], I hope this letter finds you well. I am writing to address your recent refusal to grant permission for subleasing my rented property at [property address] in Boston, Massachusetts. It has come to my attention that you have declined my request for sublease without providing sufficient justification or reasoning. I believe that your decision is unreasonable and goes against the terms of our lease agreement and the applicable laws in Massachusetts. Firstly, as a responsible tenant, I intend to relocate temporarily due to an unforeseen but necessary circumstance such as employment relocation or medical treatment. Considering these circumstances, I have taken the initiative to find a qualified sublessee to occupy and maintain the property during my anticipated absence. Subleasing is a common practice that benefits both tenants and landlords, providing the necessary flexibility to accommodate the changing needs of tenants and ensuring the uninterrupted flow of rental income for property owners. As per the lease agreement signed between us on [date], there is no explicit clause that prohibits subleasing the premises. Furthermore, under Massachusetts State Law (Chapter 186, Section 15), a tenant has the right to sublease the rented property unless there is an explicit prohibition. By disallowing subletting without any concrete grounds, you are infringing upon my rights as a tenant. I would also like to bring to your attention that by refusing my request without due consideration, you may be neglecting your responsibilities as a landlord. Massachusetts General Laws (Chapter 186, Section 14) obligate landlords to act reasonably in approving or denying a sublease request. Arbitrary refusal can lead to legal consequences and a potential breach of contract. It is essential to understand that subleasing can provide various advantages to both parties involved. It helps to ensure that the property remains occupied, minimizing the risk of damage or vandalism while guaranteeing a continuous stream of rental income. Additionally, undergoing a meticulous sublessee screening process, I have taken necessary measures to ensure that the individual subletting the unit is qualified, responsible, and financially capable. In light of the information presented and the absence of any valid reasons to deny my sublease request, I kindly request that you reconsider your decision and grant permission for subleasing. I would appreciate receiving a response within [reasonable timeframe], as my plans necessitate confirming the arrangement promptly. In the event that you maintain your refusal without substantial justification, I may be regrettably forced to pursue legal remedies to protect my rights as a tenant. However, I believe that an amicable resolution can be reached through open dialogue and mutual understanding. I encourage you to seek legal counsel or consult Massachusetts State Laws regarding the rights and obligations of both tenants and landlords in relation to subleasing. This will help you gain a comprehensive understanding of your legal responsibilities and ensure that you make a fair and informed decision. Thank you for your attention to this matter. I look forward to hearing from you and resolving this issue promptly. Sincerely, [Your Name] [Tenant's Contact Information]
Subject: Challenging the Unreasonable Refusal of Sublease Permission — Boston, Massachusetts Dear [Landlord's Name], I hope this letter finds you well. I am writing to address your recent refusal to grant permission for subleasing my rented property at [property address] in Boston, Massachusetts. It has come to my attention that you have declined my request for sublease without providing sufficient justification or reasoning. I believe that your decision is unreasonable and goes against the terms of our lease agreement and the applicable laws in Massachusetts. Firstly, as a responsible tenant, I intend to relocate temporarily due to an unforeseen but necessary circumstance such as employment relocation or medical treatment. Considering these circumstances, I have taken the initiative to find a qualified sublessee to occupy and maintain the property during my anticipated absence. Subleasing is a common practice that benefits both tenants and landlords, providing the necessary flexibility to accommodate the changing needs of tenants and ensuring the uninterrupted flow of rental income for property owners. As per the lease agreement signed between us on [date], there is no explicit clause that prohibits subleasing the premises. Furthermore, under Massachusetts State Law (Chapter 186, Section 15), a tenant has the right to sublease the rented property unless there is an explicit prohibition. By disallowing subletting without any concrete grounds, you are infringing upon my rights as a tenant. I would also like to bring to your attention that by refusing my request without due consideration, you may be neglecting your responsibilities as a landlord. Massachusetts General Laws (Chapter 186, Section 14) obligate landlords to act reasonably in approving or denying a sublease request. Arbitrary refusal can lead to legal consequences and a potential breach of contract. It is essential to understand that subleasing can provide various advantages to both parties involved. It helps to ensure that the property remains occupied, minimizing the risk of damage or vandalism while guaranteeing a continuous stream of rental income. Additionally, undergoing a meticulous sublessee screening process, I have taken necessary measures to ensure that the individual subletting the unit is qualified, responsible, and financially capable. In light of the information presented and the absence of any valid reasons to deny my sublease request, I kindly request that you reconsider your decision and grant permission for subleasing. I would appreciate receiving a response within [reasonable timeframe], as my plans necessitate confirming the arrangement promptly. In the event that you maintain your refusal without substantial justification, I may be regrettably forced to pursue legal remedies to protect my rights as a tenant. However, I believe that an amicable resolution can be reached through open dialogue and mutual understanding. I encourage you to seek legal counsel or consult Massachusetts State Laws regarding the rights and obligations of both tenants and landlords in relation to subleasing. This will help you gain a comprehensive understanding of your legal responsibilities and ensure that you make a fair and informed decision. Thank you for your attention to this matter. I look forward to hearing from you and resolving this issue promptly. Sincerely, [Your Name] [Tenant's Contact Information]
