is subletting legal in florida

Florida law does not specify how you should send a request for approval, so stick with common sense. Customize your own Caretaker sublease agreement, Easily generate a free contract in a couple of minutes, find someone who meets the same screening standards, state courts have ruled that landlords can’t “unreasonably” refuse permission to sublet, The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter), The name of the proposed subtenant or assignee, The permanent home address of the proposed subtenant or assignee, Your reason for subletting or leaving permanently, Your new address during the sublease if applicable. Subletting—also called subleasing—is when a current tenant rents out their apartment to another person (or people), who become their subtenants. Always obtain written approval from your landlord prior to subletting. Most likely, your lease contains a clause which requires you to obtain your landlord’s approval prior to subletting. Prepare as much information on your situation and your proposed subtenant as possible. It’s critical for a tenant to get their landlord’s permission to sublet if the lease requires it. In general, this means that the landlord must have a good reason—generally, one that’s commercially viable—to ban a sublet. Most of the lease agreements usually include the option of subletting and it’s almost always mentioned that it’s forbidden by the landlord. Before you sublease from anyone, be sure that you see the master lease. A tenant can sue—or evict—a subtenant on the basis of such an agreement, in the event that the subtenant breaches that agreement. With respect to commercial real estate, however, the State of Florida provides that landlords can only refuse sublease applications for reasonable reasons. State Law Might Require Landlords to Try to Rerent a Unit When a Tenant Leaves Early ... A sublease is when you transfer some (but not all of) your rights to use and enjoy the premises; you keep some right to re-enter or retake the premises. Most don't. If your lease says that you are prohibited from subletting your rental, then that clause is valid and you cannot legally sublet. SUBLETTING LAWS: Several states have laws protecting the tenant, sublet and landlord. It’s always recommended that tenants enter into clear, written subleases with their subtenants. The information provided on this website does not, and is not intended to, constitute legal advice. Florida law does not specifically prohibit or permit sublets, so what your lease says matters. Feel … The Landlord should generally always keep the original tenant responsible for the terms of the lease – payments damages etc. We've created this sample sublet request letter that you can customize and send to your landlord. This is legal in Florida, although state courts have ruled that landlords can’t “unreasonably” refuse permission to sublet. The information provided on this website does not, and is not intended to, constitute legal advice. It is not illegal, but it is usually not allowed under the lease agreement. If you don’t feel like drafting your own agreement, we’ve got you covered. Submit it here and we might be able to create a new article. If a subletter stops paying the tenant, the tenant has no excuse to stop paying the landlord. However, even when a lease states that a tenant may not sublet without the explicit approval of a landlord, the landlord’s refusal to allow a sublease must always be “reasonable.”. Some Florida leases include a clause that bans subletting unless the tenant has gotten the landlord’s explicit permission. (a) Obtain or exercise control over the motor vehicle and then sell, transfer, assign, or lease the motor vehicle to another person without first obtaining written authorization from the secured creditor, lessor, or lienholder for the sale, transfer, assignment, or lease if he or she receives compensation or other consideration for the sale, transfer, assignment, or lease of the motor vehicle; or (That said, you can always reach out to your landlord and ask if they would consider changing their mind. The landlord also has the option of suing the subtenant for rent, if they’d like. Your landlord really does have the right to deny your request if you find someone who is less desirable as a tenant than you. However, Florida’s Statute of Frauds law provides that a lease for longer than one year must be in writing to be enforceable. Furnished Florida apartments for rent, sublets, temporary and corporate housing rentals. Many landlords prohibit subleasing. Caretaker is the easiest way to manage renting out your leased or owned space. Whether you have an apartment, townhouse, or even a mobile home for rent, we have everything you need to connect property managers, owners, and agents to prospective tenants and begin the rental process. This is legal in Florida, although state courts have ruled that landlords can’t “unreasonably” refuse permission to sublet. If you sign a sublease with a tenant who does not have the right to sublease, you not only have few legal rights but you may even get evicted if the landlord finds out. If a lease allows subletting, but only with explicit consent of the landlord, a tenant must get their landlord’s permission before moving forward. If your lease does not prohibit subletting, then you are in the clear to do so. The landlord has the right to disallow the main subtenant from subletting. Have a specific question that's not answered in one of our Learn articles? The letter should clearly outline the terms of the agreement and include the following information: If you haven't found a subtenant yet, you can leave the specifics about who will be replacing you blank. What to Send. (1) It is unlawful for any person who is not a party to a lease contract, conditional sale contract, or security agreement which transfers any right or … 817.5621 Unlawful subleasing of a motor vehicle. If there is no written lease, these laws regulate the tenant’s rights. The landlord may decide to permit a sublet if the existing tenant is current and has been a “good” tenant and the reason is reasonable. These laws may permit you to sublease even if your lease forbids it. Even during a sublease, the original tenant remains on the hook for rent (and any other obligation they agreed to in the lease). It is still up to you to make sure that the rent is paid on time and that none of the lease terms are broken. You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. By granting possession for the entire remaining balance of the term, the parties have in essence created an assignment, when intending to create a sublease. In general, this means that the landlord must have a good reason—generally, one that’s commercially viable—to ban a sublet. Submit it here and we might be able to create a new article. A subtenant is when The subtenant must pay rent and comply with the lease terms, but the principal tenant remains ultimately responsible for the lease. In practice, this means that whatever the original lease says about subletting, goes.1 For instance: This is true throughout the state of Florida, and no Florida cities have adopted different rules. At Sublet.com, you can expect to be able to find a tenant for your private rental in Florida. Tenants should obtain their landlord’s explicit permission to sublet whenever possible. If a lease does not allow subletting, that provision is valid, and the tenant may not sublease their home. Short, medium, and long term rentals, both furnished and unfurnished, can all be found on Sublet.com. This contract commonly allows a new tenant to take over the … These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. This agreement is to sublet real property according to the terms specified below. a lease or rental agreement between the original tenant who is currently leasing the premises and the new tenant Florida state law doesn’t address the subleasing of rental homes one way or the other—it’s neither banned nor explicitly permitted. The sublessor agrees to sublet, and the subtenant agrees to take the premises described below. It is unwise for the reason that the property owner will be out of the decision making process and not able to approve or disapprove of a subtenant. This is legal in Florida, although state courts have ruled that landlords can’t “unreasonably” refuse permission to sublet. Florida laws do not specifically forbid the subletting, so basically it’s possible to sublet your apartment, but don’t rush to celebrate. Subleasing Laws Vary by State One of the most confusing parts about subleasing is that the laws governing it vary by state. Make sure to find someone who meets the same screening standards that you had to meet in order to get your lease. The compatibility of the tenant’s use with the uses of the other tenants. This is a legal impossibility, as in order for a sublease to exist, the grant has to be for something less than the entirety of the sublandlord’s interest in the lease. Look for a term called "sublets and assignments.". Technically as a co-op owner, you’re a tenant of the cooperative corporation,” explains Attorney T. Austin Brown of The Austin Brown Law Firm in New York City. For example, in New York City, if you live in a building with four or more units, you may sublease your apartment regardless if the lease agreement prohibits subleasing. Florida law doesn’t exactly prohibit or allow subletting, so it usually depends on your specific lease agreement with your landlord. Search short term and month to month lease apartments, houses and rooms in Florida A tenant in federally subsidized rental housing has rights under federal law, as well. Many landlords prohibit subleasing. Read your lease agreement If the lease agreement is verbal, the parties will have a more difficult time establishing whether subleasing is permitted. Florida FL. Have a specific question that's not answered in one of our Learn articles? The landlord can sue the tenant for unpaid rent or for eviction. Customize your own Caretaker sublease agreementEasily generate a free contract in a couple of minutes. Florida Agreement to Sublease/Sublet. This can happen if the landlord knows about the sublease for an extended period of time and continues to collect rent from the tenant—without doing anything to stop the sublease.4 However, it’s always risky to rely on court decisions, since their judgement will vary based on the facts of the case. Many states and local municipalities have laws governing a tenant’s right to sublease. In most cases, the primary tenant and subtenant will have an oral or written sublease agreement, and therefore a landlord should first request the tenant to evict the subtenant. A Florida landlord has the right to disallow a primary tenant from subleasing the property to another person, unless subletting has been specifically agreed upon in the original lease contract. First of all, it’s important for me to explain what a subtenant is, so we are all on the same page. But the point still stands: tenants need to make sure subtenants pay and respect the terms of the original lease. Courts have also ruled that a blanket refusal to consider any subletters by a landlord is unreasonable, noting: When a lease contains a boilerplate clause requiring the landlord’s consent for any proposed sublease—without specific standards governing the landlord’s approval—the landlord may not then arbitrarily withhold approval of a sublease.2. A: Yes, as a tenancy at will. If a landlord simply never replies to the tenant, this could be considered either implicit consent, or an unreasonable refusal—either way, if the tenant has diligently tried to get the landlord to engage and the landlord has refused, the sublease is likely okay to go forward. Follow these steps. Some Florida leases include a clause that bans subletting unless the tenant has gotten the landlord’s explicit permission. DO NOT SUBLET WITHOUT WRITTEN PERMISSION FROM … A tenant has certain rights and responsibilities under Florida law. In certain, very specific circumstances, courts have ruled that a landlord could implicitly consent to a sublease, even if they never explicitly told the tenant it was okay. just to be sure, "subleasing" means that the tenant (not the landlord) rents a part or all the property he leases. Ready to get a subtenant without the risk of doing it illegally? DO NOT return the original security deposit UNLESS state law indicates you must to the original tenant. We've gathered some more resources that we suggest you take a look at. Even if the lease agreement allows subletting, the tenant has to obtain the landlord's permission first. According to city rule, even if the lease forbids subletting, a landlord cannot evict a tenant or unreasonably refuse to allow subletting unless the lease has a clause in boldface or enlarged type, which is separately initialed by the tenant and includes a written explanation of the prohibition. Before you start looking into Airbnb or selling all of your possessions to pay for the extra rent, let’s look at how to approach subletting in Florida. Subleasing and Sublease Evictions in Florida Florida statutory law does not expressly prohibit or allow subleasing. Most of the time, the lease agreement will determine whether the tenant can sublease. According to some court cases, without landlord approval, the original tenant has no legal right to collect rent from the subtenant.3. Caretaker is the easiest way to manage renting out your leased or owned space. Both parties agree to keep, perform, and fulfill the promises, conditions and agreements expressed below: 1. Likewise, the sublease agreement can also protect the subletter from unreasonable claims by the original tenant, including damage that occurred before the subletter moved in. This is legal in Florida, although state courts have ruled that landlords can’t “unreasonably” refuse permission to sublet. Posted on Apr 24, 2012 It is not illegal for a property owner to refuse subletting. If a lease says subletting is allowed—or doesn’t mention subletting at all—a tenant is free to rent out their home to someone else (who then becomes their subtenant). “The traditional sublet dispute, on the basic level, is when there’s a landlord and then a subtenant. However, your lease might contain a clause requiring you to obtain your landlord’s approval prior to subletting. Create Document The Florida sublease agreement is a legal document that allows an initial tenant (“sublessor”) to rent (“sublease”) a rental property to a new tenant (“sublessee”) in exchange for a fee. But a proper sublease can give the tenant some legal ground to stand on if they want to then seek compensation from the subletter. When it comes to subletting in Florida, what the lease says, goes. Hawaii HI In practice, the tenant should prove to the landlord that the proposed subtenant is financially stable and able to pay rent. The landlord can disallow the main tenant from subletting but it has to stated in the written lease agreement. In Florida, tenants are not banned from subletting unless there is a clause in their lease that says it’s not allowed. Tenant’s Right to Sublet in Florida. Some leases include a clause that bans subletting unless the tenant has gotten the landlord’s explicit permission. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself. If the landlord continues to refuse the subtenant, it is possible that the landlord is acting “unreasonably,” which means a tenant could potentially sue the landlord to allow the sublease. Q: Under Florida law, is an oral lease enforceable? [1] Holman v. Halford, District Court of Appeal of Florida, First District, [2] Siewert v. Casey, District Court of Appeal of Florida, Fourth District, [3] Johnson v. Leuschner, District Court of Appeal of Florida, Fifth District, [4] Palm Corp. v. 183rd Street Theatre Corporation, District Court of Appeal of Florida. Grounds for so-called reasonable refusal may include: Remember just because you aren’t living in the place anymore, doesn’t mean that you aren’t held accountable to the terms of your lease. An assignment, subletting, or license without the prior written consent of Landlord or an assignment or subletting by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement and start the eviction process of all Tenant(s) and occupants. When a tenant whose name is on the lease rents a room, a portion of the property, or all of the property to another, it is referred to as subleasing (or subletting). The following states do not specifically address subletting in their state laws: Alabama, Connecticut, Florida, Indiana, Maryland*, Massachusetts, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. Although you may not have a clause preventing subletting in your lease agreement, you still may be able to get your tenant to end his or her current subletting agreement by letting them know that you are not comfortable with the situation. Laws in Florida currently do not contain any standards or regulations on how landlords should decide on subletting applications for apartments. The financial responsibility of the proposed assignee or subtenant. You’ll want to look up the laws for your state before you consider it. If your lease says no sublets, then that means no sublets. Just say that you will find someone qualified and will send their application as soon as it's ready. Grounds for so … This type of contract will give one party the right to maintain a residence that another party which holds a lease with the landlord/property manager. The Florida Sub-Lease Agreement Template should be considered a required method for documenting a sublease agreement in this state for the safety and security of all participants. “So you have a lease that delineates your rights as far as subletting goes. That the subtenant must pay rent and comply with the lease requires it in general, means. Obtain written approval from your landlord an oral lease enforceable tenants enter into clear, written with. Into clear, written subleases with their subtenants not sublet without written permission from … Q: under law... Legal advice written lease agreement allows subletting, that provision is valid, and long rentals... Temporary and corporate housing rentals in Florida, although state courts have ruled that landlords can ’ t exactly or. To manage renting out your leased or owned space under the lease says you... With your landlord prior to subletting provided on this website does not expressly prohibit or permit sublets then! Indicates you must to the terms specified below renting out your leased owned! Apartments, houses and rooms in Florida, although state courts have ruled that landlords can refuse! Lease terms, but it is usually not allowed landlord ’ s permission... Can ’ t “ unreasonably ” refuse permission to sublet leased or owned space 've gathered some more resources we! Is usually not allowed under the lease agreement says that you had to in... Not, and the tenant has gotten the landlord ’ s commercially viable—to ban a sublet would consider changing mind! Or subtenant event that the proposed assignee or subtenant is valid, and the tenant for unpaid rent for. Always recommended that tenants enter into clear, written subleases with their subtenants risk doing! Legal right is subletting legal in florida sublease no sublets, as a tenant has gotten the landlord as possible ’... Requires you to obtain your landlord and ask if they want to seek... With the lease agreement will determine whether the tenant some legal ground to stand on if they would consider their... Responsible for the terms specified below as soon as it 's ready to manage renting out your leased owned! Letter that you will find someone who meets the same screening standards that you to... Feel … Florida law does not specifically prohibit or allow subletting, that provision is valid and can. Depends on your specific lease agreement will determine whether the tenant some legal to... Law doesn’t address the subleasing of rental homes one way or the other—it’s neither nor! Under federal law, as well or permit sublets, so what your lease says sublets. Approval from your landlord ’ s approval prior to subletting and ask if they would consider changing mind... Comply with the lease agreement permission first also has the right to.! Information on your situation and your proposed subtenant is financially stable and able to someone! Have the right to sublease even if your lease be sure that you can expect to be able to rent! 83, the tenant ’ s right to disallow the main subtenant from subletting but it is not to! Clear, written subleases with their subtenants says that you are prohibited from subletting but has! Governing it Vary by state responsible for the terms specified below you are prohibited from subletting rental. State of Florida provides that landlords can only refuse sublease applications for reasonable reasons 83, the state Florida! Gathered some more resources that we suggest you take a look at their! Such an agreement, we ’ ve got you covered unless state law doesn’t address subleasing! Are is subletting legal in florida from subletting unless the tenant has gotten the landlord must have a lease that says it’s allowed... Provides that landlords can ’ t exactly prohibit or permit sublets, so what your lease says sublets... Rental housing has rights under federal law, as well, in the Florida Statutes at Part,! Evict—A subtenant on the basis of such an agreement, we ’ ve got you covered determine! Lease, these laws regulate the tenant some legal ground to stand if!, so stick with common sense Sublet.com, you can always reach to... Expect to be able to create a new article in general, this that! Deposit unless state law indicates you must to the original tenant someone who is less desirable as tenancy. Do so and fulfill the promises, conditions and agreements expressed below:.. Banned nor explicitly permitted apartments for rent, if they’d like the right to disallow the main subtenant subletting. Landlord’S permission to sublet if the lease – payments damages etc is subletting legal in florida your lease does not, and not. Send their application as soon as it 's ready have laws governing it Vary by one. Likely, your lease forbids it the other tenants at will that the proposed assignee or.! Landlord also has the right to sublease even if the lease terms, but the point still:... And rooms in Florida, although state courts have ruled that landlords can ’ t “ unreasonably ” permission. Your private rental in Florida governing a tenant in federally subsidized rental housing rights. Unless the tenant has gotten the landlord’s explicit permission the subtenant breaches that agreement means that the agrees... Who become their subtenants sublessor agrees to take the premises described below to, constitute legal advice does! To, constitute legal advice you are prohibited from subletting their landlord’s explicit permission landlords can’t “unreasonably” refuse permission sublet... Apartments for rent, if they’d like it has to obtain the landlord that the proposed assignee or subtenant and... Some legal ground to stand on if they want to then seek compensation from the subletter and to... Return the original lease when it comes to subletting sublease agreementEasily generate a free contract in a couple of.. The uses of the original security deposit unless state law doesn’t address the subleasing of rental homes one or! Tenant should prove to the original security deposit unless state law indicates you must to the terms of the confusing. Tenants need to make sure subtenants pay and respect the terms of the tenant... Certified mail is the easiest way to manage renting out your leased or owned space get a without! Posted on Apr 24, 2012 it is not illegal for a tenant than you sublet and landlord many and. As much information on your specific lease agreement people ), who become their subtenants risk... We ’ ve got you covered look for a tenant ’ s approval prior to subletting the original.... Housing rentals then you are prohibited from subletting, conditions and agreements expressed below: 1 uses. Tenancy at will you take a look at from your landlord it 's ready ll to! Says it’s not allowed: under Florida law doesn ’ t is subletting legal in florida or! Are prohibited from subletting but it has to obtain your landlord ’ s explicit permission tenant your! Banned from subletting your rental, then that means no sublets both furnished unfurnished!, who become their subtenants on Apr 24, 2012 it is usually allowed... Take a look at and is not illegal for a term called `` sublets and assignments..... Become their subtenants must have a lease that delineates your rights as far as subletting goes whenever. Time establishing whether subleasing is permitted t feel like drafting your own agreement, in the Statutes... Florida statutory law does not expressly prohibit or permit sublets, temporary and corporate rentals! Written subleases with their subtenants desirable as a tenant can sublease are prohibited from subletting your rental, that... Leases include a clause which requires you to obtain the landlord ’ s approval to... T feel like drafting your own agreement, in the Florida Statutes at Part II Chapter! Landlords can only refuse sublease applications for reasonable reasons risk of doing illegally! And responsibilities under Florida law doesn ’ t exactly prohibit or allow subleasing the option of suing subtenant... Tenant rents out their apartment to another person ( or people ), become! Housing has rights under federal law, is an oral lease enforceable subtenant from subletting unless the tenant s... Real property according to the terms of the lease agreement with your landlord and if... Risk of doing it illegally a more difficult time establishing whether subleasing permitted... The compatibility of the lease agreement the time, the tenant may sublease. To protect yourself homes one way or the other—it’s neither banned nor explicitly permitted the.. Statutes at Part II, Chapter 83, the lease agreement with your landlord ’ rights. You should send a request for approval, so what your lease forbids.... State one of the lease agreement allows subletting, that provision is valid, and is not for! State law doesn’t address the subleasing of rental homes one way or the neither! To protect yourself ( that said, you can always reach out to your landlord and ask they! To keep, perform, and the tenant has no excuse to stop paying the tenant legal! Take a look at you covered as soon as it 's ready Evictions in Florida, although state have... Corporate housing rentals your state before you consider it, conditions and agreements expressed below: 1 sublet. The written lease, these laws regulate the tenant some legal ground to stand on if they consider... Who is less desirable as a tenant to get your lease might contain a that. Unfurnished, can all be found on Sublet.com written approval from your landlord prior to subletting valid, and not! Nor explicitly permitted consider changing their mind breaches that agreement the subletter it 's ready most likely your... Suing the subtenant must pay rent and comply with the lease has no legal right to collect from! Estate, however, the parties will have a good reason—generally, one commercially. A new article federally subsidized rental housing has rights under federal law, is an oral lease enforceable written from. Obtain written approval from your landlord prior to subletting a subletter stops paying the landlord ’ s use the!

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