Florida Subletting Laws: Rules and Permissions for Renters

If you're a renter in Florida considering subletting your apartment or sharing your home, it's important to understand the legal rules, your lease's permissions, and what steps to take to stay protected. Subletting can offer flexibility, but also carries specific requirements under Florida law. Knowing your rights and obligations makes the process smoother and helps avoid common pitfalls.

Can You Legally Sublet in Florida?

Florida law does not explicitly prohibit subletting. However, whether you can sublet primarily depends on your lease agreement. Many residential leases in Florida either prohibit subletting or require the landlord’s written consent. If your lease is silent on subletting, you may typically sublet, but always check your specific agreement.

• Check your lease for any section on 'subletting' or 'assignment.'
• Get the landlord’s permission in writing if required.
• Never sign a sublease agreement without first getting approval (if required).

Florida residential tenancies are regulated by the Florida Residential Landlord and Tenant Act^[1]. This Act does not specifically address subletting but outlines other key rights and responsibilities for renters.

Your Lease and Landlord Approval

The most important step before subletting is to carefully read your lease. In Florida:

• If your lease prohibits subletting: You cannot legally sublet without the landlord’s consent.
• If your lease requires permission: Write a formal request to your landlord and wait for their written response.
• If your lease is silent on subletting: You may generally sublet, but it’s still advisable to give written notice to your landlord.

Landlords can deny a sublet request for legitimate reasons if the lease says permission is needed. If you sublet without following the lease terms, you risk eviction or other penalties.

What Is a Sublease?

A sublease is a separate rental agreement between you (the original tenant) and someone else (the subtenant). The subtenant pays you rent, but you are still responsible to your landlord for the property.

Official Forms and How to Use Them

Florida does not provide a statewide official sublease form. However, if you wish to sublet and your lease requires landlord permission, you should submit a Written Request for Consent to Sublet. There is no state-issued form number, but this request should include:

• Your name and address
• The details of the proposed subtenant
• The requested sublease period
• Your contact information

How to use this request: For example, if you wish to sublet your apartment for three months while traveling, you should email or mail your landlord a written request stating your intention to sublet, including proposed subtenant details. Wait for a written reply before signing any agreement.

Always keep copies of all communications. For template language, you can visit the Florida Bar's resource for tenants and landlords.

Florida’s Residential Tenancy Authority

Residential tenancy disputes in Florida are generally handled by local County Courts, not a dedicated tenancy board. For information or help, you can consult your local county court's clerk office. For statutes and landlord-tenant rights, see the Florida Legal Services or the Florida Bar Association.

Risks and Responsibilities When Subletting

Subletting can be helpful but also brings legal and financial risks:

• You remain liable for rent and damages to the landlord, even if your subtenant fails to pay or causes problems.
• Your subtenant must follow all terms of the master lease (yours with the landlord).
• If your subtenant breaks the rules, you—the original renter—are responsible to the landlord.

Key Steps for Florida Renters Who Want to Sublet

• Read your lease agreement thoroughly.
• Request permission from your landlord in writing, unless your lease clearly allows subletting.
• Wait for a written response.
• If approved, use a written sublease agreement signed by you and the subtenant.
• Notify the landlord when the subtenant moves in.
• Maintain copies of all documents and communications.

Following these steps can help avoid misunderstandings and keep your rights protected while sharing your home or subletting legally in Florida.

FAQs About Subletting in Florida

1. Can my landlord refuse to let me sublet if my lease says I need permission?
   Yes, your landlord can refuse a sublet if your lease requires their consent. However, you must get a clear written answer and should not proceed without approval.
2. What happens if I sublet without my landlord’s consent?
   If your lease prohibits or restricts subletting and you sublet without following those rules, your landlord could start eviction proceedings for breach of lease.
3. Who is responsible for damages caused by a subtenant?
   The original tenant (you) remains responsible to the landlord for all rent and damages, even if they are caused by the subtenant.
4. Does Florida have an official sublease form?
   No, Florida does not provide an official state sublease form. Written agreements are used, and you can seek guidance from legal aid or the Florida Bar.
5. Are there special rules for subletting in different Florida cities?
   Some cities or housing providers may have their own policies, but state law defers to your lease terms. Always check both your lease and any local ordinances.

Need Help? Resources for Renters

• Florida Bar: Consumer Guide for Tenants and Landlords
• Florida Legal Services: Tenant Rights
• Find Your Local County Court (for landlord-tenant disputes)
• Florida Department of Business and Professional Regulation

---

1. Florida Residential Landlord and Tenant Act
2. Florida Bar: Landlord/Tenant Rights
3. Florida Legal Services: Tenant Resources

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations