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

State:
Colorado
Control #:
CO-1074LT
Format:
Word; 
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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

Put cameras everywhere (Nest Cam is a good brand), make sure you put signs "Premises secured by video surveillance" and you will be good to go. While it won't prevent the landlord from entering, it will prevent the landlord from doing anything funky, and who knows, with time even stop.

The Bottom Line: According to Colorado law, you must receive written consent from your landlord to sublet, but he cannot unreasonably refuse your request. Check your lease. If your lease does not mention or prohibit subletting then you are in the clear and free to do so.

A landlord may enter the residential premises with the tenant's consent. If the landlord obtains the consent of the tenant, a notice of entry is not required.Landlords can phone or meet with tenants to obtain consent to enter the residential premises. Consent can be given verbally or in writing.

Problems with your landlord? Call,Colorado Housing Connects at 1-844-926-6632. The Colorado Division of Housing does not enforce any housing codes nor mediate landlord/tenant disputes.

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.

The landlord is not required to provide notice of entry and therefore may enter the premises for the following reasons: non-emergency maintenance and repairs, emergencies, and showings to prospective tenants. That being said, 24 hours of notice is recommended.

Tenant's Rights After Breach to Warranty of HabitabilityColorado tenants have the right to live in a rental unit that meets certain standards. These standards are known as the warranty of habitability.If the landlord does not fix the breach, the tenant can terminate the rental agreement or take the issue to court.

If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.

A commonly used privacy clause allows a landlord access to the rental property at reasonable times and with reasonable notice to the tenant to make necessary repairs or reasonable inspections. Additionally, a landlord has the right to enter a rental unit without notice in emergencies.

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