How to Transfer a Lease to a New Tenant in Florida

If you are a renter in Florida considering moving out before your lease ends, you might wonder if you can transfer your lease to someone else. This process, often called a lease assignment, is allowed in some cases, but Florida law has specific rules you’ll need to follow. Understanding your rights and obligations can help you avoid disputes with your landlord and ensure a smooth transition for all parties involved.

Understanding Lease Transfers in Florida

A lease transfer allows a current tenant to assign the remainder of their rental lease to a new tenant, who then takes over the responsibilities of the lease agreement. In legal terms, this process is called a lease assignment. Sometimes, renters explore a sublease, but lease assignment gives full responsibility to the new tenant, while a sublet keeps the original tenant legally involved.

It’s important to check your actual lease agreement, as most leases in Florida require written approval from the landlord before you can transfer the lease.

When Is Lease Assignment Allowed?

• Your lease must explicitly permit assignments, or you must obtain written consent from your landlord.
• If your lease is silent or prohibits assignments, your landlord may lawfully refuse your request.
• Some landlords may approve an assignment if you find a qualified new tenant and complete required forms.

Visit the Florida Housing Landlord Resources page for official state guidelines and best practices.

Key Legal Requirements for Transferring a Lease

The main Florida law governing rental agreements is the Florida Residential Landlord and Tenant Act[1]. Under this law:

• You generally need landlord approval before assigning your lease.
• If your landlord agrees, the assignment must be put in writing.
• If your new tenant violates the lease, you may still be responsible for any damages unless released in writing.

Official Forms You May Need

• Lease Assignment Agreement: While there is no Florida statewide government-issued lease assignment form, many landlords use a written Lease Assignment Agreement. This contract must be signed by you, the new tenant, and the landlord to be valid. Check with your landlord or visit the Florida Courts Self-Help Center.
• Notice of Intent to Assign Lease: To start the process, write a letter to your landlord stating your wish to assign the lease and provide details about the proposed new tenant. Some landlords have their own required notice forms.

Example: If John plans to move for a job, he sends a Notice of Intent to Assign Lease to his landlord, listing Maria as the potential new tenant. Upon approval, all parties sign a Lease Assignment Agreement.

Step-by-Step: How to Transfer Your Lease

• Review your lease for assignment clauses or restrictions.
• Request your landlord’s approval in writing. Consider attaching information about the new tenant.
• Have the new tenant apply or be screened (if required).
• Complete and sign a Lease Assignment Agreement with all parties.
• Keep a copy for your records—never turn over keys without a signed agreement and landlord approval.

What If Your Landlord Refuses?

If your lease does not allow for assignment or the landlord refuses, you must continue to honor your original lease terms. Moving out without agreement can lead to penalties, lost deposits, or legal action.

For official help or dispute resolution, renters can contact the Florida Department of Business and Professional Regulation (DBPR) Landlord/Tenant Section. This is the main government resource for residential tenancy questions and issues in Florida.

FAQ: Lease Transfers in Florida

1. Can I assign my lease in Florida without the landlord’s consent?
   Usually, no. You must receive written consent from your landlord unless your lease agreement explicitly allows assignments without approval.
2. What is the difference between a lease assignment and a sublease?
   In a lease assignment, the new tenant takes over all rental obligations. In a sublease, you remain ultimately responsible for rent and damages if the subtenant fails to comply.
3. Is there an official Florida government lease assignment form?
   No, there is no statewide government assignment form. However, your landlord may offer an official document, or you can consult the Florida Courts Self-Help Center for guidance.
4. Can my landlord charge a fee for assigning my lease?
   Yes, some landlords charge a reasonable administrative fee if your lease agreement allows it. Check your lease for specific terms regarding assignment fees.
5. Where do I go if there is a dispute over my lease transfer?
   You should reach out to the Florida Department of Business and Professional Regulation’s Landlord/Tenant Section for guidance or to file a complaint if necessary.

Key Takeaways

• Lease transfers (assignments) in Florida require landlord approval and written documentation.
• There are no official statewide assignment forms—check with your landlord or visit official state resources.
• You remain responsible for lease terms until an assignment is formally approved and documented.

Be proactive in communicating with your landlord and always document all parts of the lease transfer process to protect your rights.

Need Help? Resources for Renters

• Florida DBPR Landlord/Tenant Section – Main tribunal for rental housing questions and disputes
• Florida Housing – Landlord Resources
• Florida Courts Self-Help Center – Forms and general guidance for leases
• Local legal aid offices and tenant advocacy groups often offer free consultations for renters

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1. Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83)
2. Florida Department of Business and Professional Regulation (DBPR), Landlord/Tenant Section

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