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If an existing tenant wants to lease a rental unit to a new tenant, a sublease agreement is drawn up. This arrangement can be beneficial if the original tenant doesn't want to forfeit their security deposit by breaking the lease agreement too soon.

However, when building your own Florida sublease agreement, you must abide by Florida laws and obtain written permission from the landlord to enter into this type of arrangement. We will provide all the information you need to create your sublease agreement in this article.

Sublease Agreement

Sublease agreements are legal documents detailing the terms and conditions of the lease of a property to a new tenant. It is an agreement between the original tenant or sublessor and a sublessee or new renter that may only apply if the original lease agreement doesn't prohibit it.

In addition to acting like a landlord by charging rent and holding them accountable for any violations of the sublease agreement, the sublessor still has an obligation to fulfill the conditions of the original lease agreement. The terms of the master rental agreement will determine if a sublease is allowed, as Florida law does not expressly forbid or permit them.

Moreover, the provisions of the initial lease agreement shall apply to any agreement between the original renter and a sublessee.

The initial tenant is still liable to the landlord for the premises under the terms of the original lease. Sublessors are also responsible for remedying any contract breach resulting from any sublessee's violation of the conditions of their sublease agreement that affects the original lease.

What to Include

Your Florida sublease agreement should contain the following basic information:

  • The names, addresses, and contact details of the sublessor and sublessee
  • A description of the rental property
  • Information about the monthly rent, including the amount and when the new tenant will be expected to pay rent
  • The start and end date of the contract
  • Responsibilities concerning utilities
  • Security deposit (amount and return policy)
  • Terms of the agreement (this should include your pet policy, smoking policy, and rules about noise)
  • A copy of the original lease or a description of the applicable terms
  • Consent from the landlord
  • Florida laws that apply
  • A section for signatures

How to Write One

You might feel a little overwhelmed if this is your first time drawing up a Florida lease agreement. The good news is that we've developed a short guide to help you.

Before Creating a Sublease Agreement

Here are the steps you need to take before setting out to create your sublease agreement:

Check the Original Lease Agreement

If the landlord permits subletting, more information about it may be found in your contract. Before you sublet a rental unit, it is important to find out if you need to get their consent.

Send a Written Request for Permission to Sublet

Even though state laws govern lease-related regulations, they do not include any provisions for subletting leased properties. 

You should send a letter requesting the landlord's approval via certified mail and allow time for their response before signing a sublease agreement because the landlord makes decisions independently.

Do a Background Check on the Potential Tenant

If the sublessee doesn't fulfill the landlord's requirements, he or she has the right to reject your request for subletting. This is why it is essential to find out more about the prospective subtenant and determine if the landlord has any grounds to reject them.

You can do this by running a credit check and looking at their criminal and eviction history. Use DoorLoop's background check tool to learn more about a potential sublessee!

Drawing Up the Agreement

Follow the steps below to build your Florida sublease agreement:

  • Name the parties involved and obtain contact details if you don't already have them
  • Write down the rental and security deposit amount
  • Provide more information about the utility costs
  • Attach a copy of the lease or include the relevant terms
  • List terms that do not appear in the original lease
  • Add a section for the landlord to provide written consent
  • Sign and date the document

Special Laws

Consult your original lease if you want to know whether you can sublet your rental property. In Florida, the sublessor is advised to obtain written consent from their landlord before subletting a property.

As mentioned before, you will be responsible for the subtenant and liable for any violations of the original lease. Moreover, the original tenant must abide by all Florida statutes governing eviction, the security deposit, and other landlord-tenant issues.

Here are some of the landlord-tenant laws you will have to abide by as a sublessor:

  • Provide a subtenant with a written three-day notice to pay the rent or vacate the property.
  • Refund the security deposit within 15 days following the sublease's expiration or within thirty days if a claim is made against the deposit, along with a return receipt.

Laws Pertaining to the Renewal of a Sublease Agreement

Suppose you intend not to renew a Florida sublease agreement. In that case, you will need to provide written notice. Keep in mind that the number of days of written notice you must provide will depend on when the rent is paid.

  • Weekly rental payments - seven days' notice
  • Monthly payments - 15 days' notice
  • Quarterly rental payments - thirty days' notice
  • Yearly payments - 60 days' notice

Sublessors

As the original tenant of the facility, the sublessor has a duty to uphold and abide by all terms and conditions outlined in the original lease, including ensuring that the rent is paid on time.

However, before subletting a home, the sublessor must properly examine the sublessee and ensure they have the resources to make their rent payments on time.

As a sublessor, you also have a responsibility to:

  • Obtain consent from the landlord to sublet a property
  • Return the security deposit within 15 days of the end date of the sublease agreement or from the date the sublessee moves out
  • Provide appropriate notice if you decide not to renew the contract
  • Follow the correct eviction process and give the subtenant sufficient notice to vacate the property or pay the rent

Build Your Own

When it's time to put pen to paper and create a sublease agreement, you have a number of options. We offer a free sublease agreement template to help you out. You can find them here:

However, if you need additional personalization, you can use DoorLoop's innovative editing tool with an autofill feature to generate flawless rental documents quickly and easily.

What Is DoorLoop?

DoorLoop was created in response to a growing need for a platform to help manage rental businesses. You can use the software to run background checks, create professional leases, and track rental payments on one intuitive platform.

To see it at work for yourself, schedule a free demo.

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Final Thoughts

Now that you are armed with the correct information and the tools you need, you are ready to create your own Florida sublease agreement. You can use DoorLoop's property management software to generate sublease agreements, run background checks, post listings, and so much more!

Book a demo today to try it out for free!

FAQs

How do you end a Florida sublease agreement?

To terminate a sublease in Florida, the original tenant must follow the same official eviction procedures that the landlord would in a similar situation.

Furthermore, the sublessee might attempt to come to an agreement with the sublessor to terminate the sublease early. The sublessee can terminate the sublease agreement if illegal behavior occurs on the premises or dangerous property conditions exist.

My landlord rejected my request to sublet. Do I have grounds to contest their decision?

If you think your landlord has rejected your application for subletting for an unfair reason, you may be able to challenge their decision. Here are some unreasonable grounds for dismissing a subtenant:

  • Nationality
  • Color
  • Race
  • Religion
  • Familial status
  • Disability
  • Sex

Is subletting legal in Florida?

In Florida, subletting is allowed. However, a tenant will not be permitted to sublet a rental apartment if the primary lease agreement forbids it. If subletting is permitted, tenants must ensure that it complies with all applicable housing and occupancy laws.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!