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: Concerning Unreasonable Refusal to Allow Sublease in Yonkers, New York — Tenant's Formal Grievance Letter to Landlord 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 the property located at [address] in Yonkers, New York. After careful consideration and thorough evaluation, I genuinely believe that your refusal is unreasonable and a violation of my rights as a tenant. Please allow this letter to outline the various aspects of the situation. First and foremost, it is essential to emphasize that my request for sublease is not an arbitrary decision but a well-thought-out solution to my current circumstances. Due to unforeseen developments in my personal life [e.g., work relocation, financial constraints, medical reasons, etc.], I find it necessary to secure a reliable and responsible subtenant to occupy the premises during my absence. This is not a decision taken lightly, but stemming from pertinent reasons that substantiate my request. Furthermore, it is important to note that I have been a diligent and responsible tenant throughout the duration of my occupancy. I have adhered to all aspects of the lease agreement, paid my rent promptly, maintained the property in excellent condition, and promptly reported any damages or required repairs to you. This demonstrates my commitment to fulfilling my responsibilities as a tenant and the trustworthiness of my actions. Moreover, as per my thorough research of the laws and regulations pertaining to subleasing in Yonkers, New York, it is evident that my request for sublease aligns with all legal requirements and does not impose any additional liability upon you as the landlord. I have completed all essential paperwork, including a comprehensive sublease agreement that outlines the responsibilities and liabilities of the subtenant, while ensuring their financial reliability through a comprehensive background check. Additionally, it is important to mention that my proposed subtenant possesses an exceptional rental history, impeccable references, a stable income, and a commendable record of maintaining properties in excellent condition. Therefore, there is no reasonable justification for your refusal, as it does not concern the subtenant's reliability or capability to fulfill their responsibilities. On a broader scale, allowing subleasing not only benefits me but also contributes to the amicable and harmonious atmosphere within the community. By permitting subleasing, you are enabling responsible tenants like myself to seek temporary relief without the need to prematurely terminate their relationship with you, while maintaining the consistency and quality of the property under your ownership. In light of the aforementioned points, I urge you to reconsider your decision and allow me to proceed with the sublease arrangement. Restricting me from this reasonable request places an unnecessary burden upon me, contradicts my rights as a tenant, and undermines the mutually beneficial tenant-landlord relationship that we have shared. I wholeheartedly believe that our collaborative efforts towards a favorable resolution will yield a satisfactory outcome for both parties involved. I kindly request a prompt response to this letter, preferably within [reasonable time period, e.g., two weeks], to confirm your reconsideration of the sublease request. Should you have any concerns or require additional information, please do not hesitate to reach out to me at the contact information provided below. Thank you for your attention to this matter, and I trust that you will make a fair and just decision. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number]
Subject: Concerning Unreasonable Refusal to Allow Sublease in Yonkers, New York — Tenant's Formal Grievance Letter to Landlord 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 the property located at [address] in Yonkers, New York. After careful consideration and thorough evaluation, I genuinely believe that your refusal is unreasonable and a violation of my rights as a tenant. Please allow this letter to outline the various aspects of the situation. First and foremost, it is essential to emphasize that my request for sublease is not an arbitrary decision but a well-thought-out solution to my current circumstances. Due to unforeseen developments in my personal life [e.g., work relocation, financial constraints, medical reasons, etc.], I find it necessary to secure a reliable and responsible subtenant to occupy the premises during my absence. This is not a decision taken lightly, but stemming from pertinent reasons that substantiate my request. Furthermore, it is important to note that I have been a diligent and responsible tenant throughout the duration of my occupancy. I have adhered to all aspects of the lease agreement, paid my rent promptly, maintained the property in excellent condition, and promptly reported any damages or required repairs to you. This demonstrates my commitment to fulfilling my responsibilities as a tenant and the trustworthiness of my actions. Moreover, as per my thorough research of the laws and regulations pertaining to subleasing in Yonkers, New York, it is evident that my request for sublease aligns with all legal requirements and does not impose any additional liability upon you as the landlord. I have completed all essential paperwork, including a comprehensive sublease agreement that outlines the responsibilities and liabilities of the subtenant, while ensuring their financial reliability through a comprehensive background check. Additionally, it is important to mention that my proposed subtenant possesses an exceptional rental history, impeccable references, a stable income, and a commendable record of maintaining properties in excellent condition. Therefore, there is no reasonable justification for your refusal, as it does not concern the subtenant's reliability or capability to fulfill their responsibilities. On a broader scale, allowing subleasing not only benefits me but also contributes to the amicable and harmonious atmosphere within the community. By permitting subleasing, you are enabling responsible tenants like myself to seek temporary relief without the need to prematurely terminate their relationship with you, while maintaining the consistency and quality of the property under your ownership. In light of the aforementioned points, I urge you to reconsider your decision and allow me to proceed with the sublease arrangement. Restricting me from this reasonable request places an unnecessary burden upon me, contradicts my rights as a tenant, and undermines the mutually beneficial tenant-landlord relationship that we have shared. I wholeheartedly believe that our collaborative efforts towards a favorable resolution will yield a satisfactory outcome for both parties involved. I kindly request a prompt response to this letter, preferably within [reasonable time period, e.g., two weeks], to confirm your reconsideration of the sublease request. Should you have any concerns or require additional information, please do not hesitate to reach out to me at the contact information provided below. Thank you for your attention to this matter, and I trust that you will make a fair and just decision. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number]
