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

State:
Idaho
Control #:
ID-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.

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FAQ

Every tenant has a right to enjoy peaceful possession of the property without any disturbance or encumbrance from anyone including the owner. At no point of time under your tenancy can your landlord ask you to evict or leave the premises without assigning a valid reason.

A Residential Sublease is a legally binding contract made between the original tenant of a rental property (sublandlord) and a new tenant (also known as a subtenant or a sublessee). The sublease gives the subtenant the right to share or to take over the rented premises from the original tenant.

While tenants cannot unreasonably deny access to a landlord, landlords must also follow all of the state and local rules regarding access to tenants' apartments. Roughly half of states have rules governing landlord entry into tenants' apartments.

If a tenant is subletting without consent, it's likely they will have broken terms in their tenancy agreement. This breach of contract means that the landlord can take action to evict them from their home. Possession proceedings can be started quickly, but it's important to follow the correct legal process.

If the tenant refuses, you are permitted to send them a notice to agree or quit the property. The tenant refusing you access constitutes a breach in the lease agreement, so they could be evicted if they continue to deny access.

Showing the premises to prospective tenants 'reasonable' notice / number of times. The law does not say what 'reasonable' means.If you refuse access, the landlord/agent can apply to the Tribunal for an order that authorises them or any other person to enter the premises.

A landlord cannot evict a subtenant.If the landlord really wants the subtenant gone, he would have to terminate your right to sublet the property. This means, he would have to evict you to get rid of the subtenant. If you want to evict a subtenant, and don't want to get your landlord involved.

The subtenant must give a notice of one month in order to terminate the sublease. The subtenant is also required to give reasons for leaving the premises. A sublease can be terminated early if the subtenant is willing to pay the rent until the end of the month and an amount in addition to this.

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