How does subleasing work in Florida?
Florida subleasing occurs when tenant rents out a unit to another person, which is known as a subtenant, while keeping the original lease agreement with the landlord in force. Rent is typically paid by the subtenant to the original tenant, who then pays the landlord.
The first thing you should do before subleasing your Florida rental unit is check your lease agreement to make sure it allows subletting. Subleasing is often prohibited or requires written consent from landlords in Florida.
When subleasing is allowed, you should find a suitable subtenant and draft a sublease agreement outlining the terms of the subtenancy, such as the rent amount, security deposit, move-in date, and duration. The terms of the original lease agreement should also be incorporated into the sublease agreement.
In order to prevent eviction, it’s important to inform the landlord in writing and obtain their consent before the subtenant moves in. A credit check and background check may also be required, as well as payment of a security deposit and signing a lease addendum or sublease agreement by the landlord.
A subtenant is responsible for paying rent during the sublease period, complying with the terms of the original lease agreement, and ensuring that the original tenant does the same. A subtenant may be held responsible for damage to the rental unit if they breach the sublease agreement.
Before entering into a sublease agreement in Florida, it’s wise to consult a local attorney or housing authority because subleasing laws and regulations vary by state and locality. Moreover, some Florida cities may have restrictions on subleasing, such as requiring landlords to register their units with the city or limiting the amount of rent subtenants can be charged.