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: San Antonio Texas Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Dear [Landlord's Name], I hope this letter finds you well. I am writing to address the issue of your refusal to allow me to sublease my rented apartment/unit [address] in San Antonio, Texas. I believe that your decision is unreasonable and goes against the fair expectations and rights of a tenant, as outlined in the lease agreement we both signed on [date]. 1. San Antonio Tenant Rights: As a tenant renting a property in the city of San Antonio, Texas, I have certain rights and privileges as per Texas law. According to the Texas Property Code, Chapter 92, Subchapter B, a tenant has the right to sublease the premises, subject to reasonable conditions set forth by the landlord. Hence, this letter seeks to address the unreasonableness of your refusal to allow subleasing. 2. Lease Agreement: Our lease agreement, signed on [date], does not explicitly prohibit subleasing or provide any conditions or restrictions surrounding it. Furthermore, there is no language in the agreement that grants you the right to unilaterally deny a sublease request without reasonable justification. By strictly adhering to the language and spirit of the lease, I am well within my rights to sublet the premises with your consent. 3. Valid Reasons for Seeking Sublease: I would like to emphasize that my request for sublease is not arbitrary, but rather necessitated by valid, reasonable circumstances. [Specify reasons such as financial hardship, job relocation, family emergencies, or medical issues]. The purpose of subleasing is to provide a responsible and reliable tenant who will uphold the terms of the lease while offsetting some financial burden during my absence. 4. Mitigating Concerns: I understand that you may have concerns regarding the subleasing process, such as the selection of a suitable sublessee or potential liability issues. However, it is important to note that I am willing to take full responsibility for finding a qualified, responsible subtenant who meets all the necessary leasing criteria and will comply with the terms of the original lease agreement. 5. Offered Solutions: To address any concerns you may have, I am more than willing to propose reasonable solutions, such as providing you with all necessary documentation, including the sublessee's background check and credit reports, while making myself available for further discussions, if needed. By acting in good faith and maintaining open lines of communication, we can ensure a smooth transition during the sublease period. Conclusion: I kindly request that you reconsider your decision and provide a written response within [reasonable timeframe] addressing your concerns or reconsidering your initial refusal to allow sublease. Failing to provide a reasonable justification for your denial may be viewed as a violation of our lease agreement and a breach of my tenant rights under Texas law. I believe that open and honest dialogue between a landlord and tenant is essential for a mutually beneficial and respectful leasing relationship. I hope that we can resolve this matter amicably, avoiding any unnecessary legal actions. Thank you for your prompt attention to this matter. I look forward to hearing from you soon. Sincerely, [Your Name] [Tenant]Title: San Antonio Texas Letter from Tenant to Landlord about Landlord's Refusal to Allow Sublease is Unreasonable Introduction: [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Dear [Landlord's Name], I hope this letter finds you well. I am writing to address the issue of your refusal to allow me to sublease my rented apartment/unit [address] in San Antonio, Texas. I believe that your decision is unreasonable and goes against the fair expectations and rights of a tenant, as outlined in the lease agreement we both signed on [date]. 1. San Antonio Tenant Rights: As a tenant renting a property in the city of San Antonio, Texas, I have certain rights and privileges as per Texas law. According to the Texas Property Code, Chapter 92, Subchapter B, a tenant has the right to sublease the premises, subject to reasonable conditions set forth by the landlord. Hence, this letter seeks to address the unreasonableness of your refusal to allow subleasing. 2. Lease Agreement: Our lease agreement, signed on [date], does not explicitly prohibit subleasing or provide any conditions or restrictions surrounding it. Furthermore, there is no language in the agreement that grants you the right to unilaterally deny a sublease request without reasonable justification. By strictly adhering to the language and spirit of the lease, I am well within my rights to sublet the premises with your consent. 3. Valid Reasons for Seeking Sublease: I would like to emphasize that my request for sublease is not arbitrary, but rather necessitated by valid, reasonable circumstances. [Specify reasons such as financial hardship, job relocation, family emergencies, or medical issues]. The purpose of subleasing is to provide a responsible and reliable tenant who will uphold the terms of the lease while offsetting some financial burden during my absence. 4. Mitigating Concerns: I understand that you may have concerns regarding the subleasing process, such as the selection of a suitable sublessee or potential liability issues. However, it is important to note that I am willing to take full responsibility for finding a qualified, responsible subtenant who meets all the necessary leasing criteria and will comply with the terms of the original lease agreement. 5. Offered Solutions: To address any concerns you may have, I am more than willing to propose reasonable solutions, such as providing you with all necessary documentation, including the sublessee's background check and credit reports, while making myself available for further discussions, if needed. By acting in good faith and maintaining open lines of communication, we can ensure a smooth transition during the sublease period. Conclusion: I kindly request that you reconsider your decision and provide a written response within [reasonable timeframe] addressing your concerns or reconsidering your initial refusal to allow sublease. Failing to provide a reasonable justification for your denial may be viewed as a violation of our lease agreement and a breach of my tenant rights under Texas law. I believe that open and honest dialogue between a landlord and tenant is essential for a mutually beneficial and respectful leasing relationship. I hope that we can resolve this matter amicably, avoiding any unnecessary legal actions. Thank you for your prompt attention to this matter. I look forward to hearing from you soon. Sincerely, [Your Name] [Tenant]
