How To Draft a Sublease Agreement in Florida

Standardized Legal Documents How To Draft a Sublease Agreement in Florida

Sublease Agreement in Florida From A to Z

If you are considering a subletting option for your residence in Florida, you need a specific legal document to support the verbal agreement with the new tenant. 

It may seem like creating a page or two of simple paperwork, but writing a contract is challenging and time-consuming. This is why our guide dissects a sublease agreement in Florida and offers practical tips for creating one with zero hassle!

What Is a Sublease Agreement?

A sublease agreement is a contract between the tenant who rents the property and a subtenant, or sublessee, who will move into the living space and pay monthly rent for it while the original renter is away. The primary tenant remains responsible for the property they are subletting. They collect the rent money, forward it to the landlord, and make sure the subtenant follows the predetermined rules. 

Why Would You Want To Sublet a Property?

Subletting your place can be a convenient solution in the following situations:

  • You’re going on a longer trip and don’t want to lose the place you like but want to avoid paying the rent for that period
  • You must leave the town for a certain period but want to avoid terminating your lease agreement early
  • Your lease agreement hasn’t expired, but you decided you want to move out of the property before the end date

Whatever the reason, a sublease brings certain advantages and disadvantages you should be aware of. The following table shows some of them:

  • It saves money—Subletting the apartment means you won’t need to pay monthly rent during your absence
  • You don’t need to break your lease early—Some contracts mandate a fine for early termination. A sublessee can take your place until the deal ends and help you avoid disputes with the landlord
  • You don’t need to be tied to a single place—If you are a travel enthusiast, you can rely on this option to keep your place until you get back
  • It requires a lot of effort to find a convenient tenant—You never know what someone’s renter’s history is or how responsible they are
  • The sublessee can break the rules—You can’t control the subtenant's behavior. They can violate the lease agreement, causing serious trouble 
  • You may put your reputation as a renter at risk—If something goes wrong with the sublessee, the landlord may blame or evict you, even though you aren’t directly responsible for the incidents

What Are the Steps To Take Before Subletting a Property in Florida?

You must go through a specific preparatory procedure before drafting a sublease contract. The preparation involves the following steps:

  1. Check your lease agreement to see if it contains a sublease section—Your contract may provide more information on whether the landlord allows this option. Check if it’s necessary to get their approval before you sublet their property
  2. Ask the landlord for permission—Even though Florida Statutes regulate lease-related rules, they don’t contain any sections about subletting rented properties. The landlord decides independently, which is why you should request their approval via certified mail and wait for their response before making a deal with a subtenant
  3. Ensure your subtenant is qualified—The landlord has the right to deny your sublease request if the sublessee doesn’t align with their requirements. Make sure you screen the potential subtenant and check if there are any reasons for the property owner to reject them

What Does a Florida Sublease Agreement Cover?

Here are the sections each Florida sublease agreement should contain:

  1. Sublessor and sublessee information—names, addresses, and contact details
  2. The start and end date of the sublease
  3. Property details—address and description of the leased premises
  4. Rent amount, due date, and payment method
  5. Responsibilities regarding utilities
  6. Security deposit amount and returning policy
  7. Original lease agreement—description or a physical copy of the contract
  8. Other terms and responsibilities—pet clause, guest and smoking policy, repairs and maintenance, etc.
  9. Landlord consent
  10. Applicable laws
  11. Signatures of both parties
  12. Date of signing

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What Other Legal Documents Can DoNotPay Decipher?

Do you want to know how other contracts work? and learn about other legal documents, including:

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