McAllen Texas Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable

State:
Texas
City:
McAllen
Control #:
TX-1074LT
Format:
Word; 
Rich Text
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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: Addressing the Unreasonable Refusal of Subletting: A Letter from Tenant to Landlord in McAllen, Texas Keywords: McAllen Texas, Letter from Tenant to Landlord, refusal to allow sublease, unreasonable, subletting, rental property, lease agreement, rental market, negotiation, right to sublease, fair consideration Introduction: Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a concerning issue that has arisen regarding the possibility of subletting my rental property in beautiful McAllen, Texas. It has come to my attention that you have unreasonably refused to grant permission for me to sublease the unit, despite my earnest request and adherence to the terms outlined in our lease agreement. Reasonable Considerations: Firstly, I would like to emphasize that my intention to sublet the property is not an impulsive decision. I have taken time to carefully consider the potential sublessees and their ability to maintain the property in accordance with the standards set forth in our lease agreement. By subletting, I seek to responsibly address any financial concerns while ensuring the property remains well-maintained, as it has been during my tenancy. Market Research and Demand: An essential aspect to consider is the current rental market in McAllen, Texas. As you are aware, the demand for rental properties has significantly increased in recent years. This influx in demand presents a prime opportunity for me to sublet the unit at a fair price, attracting responsible individuals who require immediate accommodation. By refusing to allow subleasing, you may potentially be hindering the financial stability of both parties involved. Fair Negotiation and Collaboration: I believe it is reasonable to discuss and establish guidelines regarding the sublease to alleviate any concerns you may have. I am open to negotiating terms such as vetting potential sublessees, maintaining open communication, and securing additional deposits to ensure the property's safety and security. This collaborative approach will enable me to fulfill my financial obligations and maintain my credibility as a tenant in good standing, while simultaneously addressing your concerns as a landlord. Tenant's Right to Sublease: It is important to note that Texas law recognizes a tenant's right to sublease, granted that the original lease agreement does not expressly prohibit it. Our lease agreement remains silent on this matter. Therefore, as long as the sublessee meets the qualifications and regulations set in our original lease agreement, I have the right to sublease the property. Conclusion: In light of the rental market demands, my commitment to responsible subletting, and the recognition of my rights as a tenant, I urge you to reconsider your refusal to allow subleasing of the rental property in McAllen, Texas. Your cooperation in this matter would not only ensure a mutually beneficial arrangement but also solidify our positive relationship as landlord and tenant. I kindly request a prompt response to this letter, and I remain committed to open communication and cooperation throughout this process. Thank you for your attention to this matter. Sincerely, [Your Name] Types of McAllen Texas Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable: 1. Formal Letter: This could be a general letter addressing the issue without delving into specific details. 2. Negotiation-Oriented Letter: A letter focusing on presenting potential negotiation terms, compromises, and solutions. 3. Legal Action Warning Letter: A more assertive letter that notifies the landlord of potential legal consequences if the unreasonable refusal persists, emphasizing the tenant's rights under the law. 4. Request for Mediation Letter: A letter proposing mediation as a means to resolve the disagreement, avoiding further legal involvement.

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FAQ

Your request letter should contain all the basics ? your reason for wanting to sublet, the start and end dates of the sublease, the name of your proposed tenant and their current address, contact information for your time away and your roommate approval form.

Make a great first impression Tell your landlord about yourself and why you want to host on Airbnb. If you can't do this in person, send them a message. Show your landlord that you care about your home, your building, and your neighbors. Give them a tour of your space, or share some photos.

Here are six strategies that will help you make your case: Look only for places you can afford. A landlord's No.Know your credit history. Having enough income to qualify for the rental is just the first step.Have enough cash in the bank.Dress up.Be on time.Don't hide your doggy, kitty or cockatoo.

Other ways you can help to make the landlord gain more benefits to agreeing: Offer to pre-pay a few months rent upfront. Offer to purchase your own vacation rental insurance. Amend your rental contract to offer coverage of certain damages yourself. Increase the size of your security deposit. Offer to extend your lease.

It is not against the law Under California laws, subletting a property is not illegal on the face of it. However, the buck stops with the lease agreement in place. Landlords can legally prevent their tenants from subletting a property by explicitly stating so in the lease.

This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.

Your request letter should contain all the basics ? your reason for wanting to sublet, the start and end dates of the sublease, the name of your proposed tenant and their current address, contact information for your time away and your roommate approval form.

Yes. In Texas, landlords have the final say in allowing you to sublease unless your lease says otherwise. A landlord can refuse to allow you to sublease. When signing a lease, look to see if there is a subleasing section.

Subletting which is against your tenancy agreement gives your landlord a legal reason or grounds to start possession proceedings and evict you. Your landlord must follow a specific legal process to evict you depending on the type of tenancy that you have.

Unlawful Detainer Lawsuit To initiate the formal eviction process, the tenant will need to file the complaint with the court and serve the summons and a copy of the complaint on the subtenant. Then, the subtenant will have to respond within five days or vacate the premises.

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McAllen Texas Letter from Tenant to Landlord about Landlord's refusal to allow sublease is unreasonable