Florida Sublease Agreement

Right to Sublet

Florida state law does not explicitly address the subleasing of residential property. The ability to sublet is typically determined by the terms of the original lease agreement. A tenant may either be allowed to sublease under specific conditions or prohibited from doing so entirely. It is advisable for tenants to obtain written permission from their landlord before entering into a sublease agreement.

Permission to Sublet

A tenant must obtain explicit written permission from the landlord to sublet the property unless the original lease states otherwise. Even if consent is granted, the landlord retains the right to reject a proposed subtenant based on qualifications, such as poor references or a bankruptcy history.

Standardized Florida Sublease Agreement

A standardized Florida sublease agreement typically includes the following elements:

• Names of the Parties: Identification of the sublessor and sublessee.
• Rental Unit Location: Address of the rental unit as per the original lease.
• General Conditions: Statement that the sublease contains all agreements and can only be modified in writing.
• Rent: Amount, due date, and payment method for rent.
• Term: Start and end dates of the sublease.
• Utilities: Specification of which utilities are paid by the sublessor and which by the sublessee.
• Liability: Liability for damages caused by the sublessee and the sublessor’s responsibilities to the landlord.
• Authorized Occupants: Identification of individuals authorized to reside in the rental unit.
• Security Deposit: Information regarding the security deposit held by the sublessor.
• Return of Security Deposit: Requirements for returning the security deposit within specified timeframes.
• Inventory of Included Items: List of items included in the rental unit.
• Lead-Based Paint Notice: Required notice if the property was built before 1978.
• Master Lease Inclusion: Attachment of the master lease to the sublease.
• Disputes: Procedures for resolving disputes between the parties.
• Smoking Policy: Designation of smoking areas, if applicable.
• Parking Policy: Information on parking arrangements and fees.
• Landlord’s Consent: Description of how the landlord’s consent is obtained.

Tax Implications of a Sublease in Florida

In Florida, sublessors may be subject to taxes if they sublet a property for any period of 185 days or less. The applicable taxes include:

• State Sales Tax: 6%
• County Sales Tax: Varies by county
• Tourist Tax: Applicable in certain areas

A short-term rental is defined as a unit rented more than three times per year for a duration of 30 days or less. Sublessors must register with the Florida Department of Revenue, which will assign a filing frequency and due dates for tax payments. Filing can occur monthly, quarterly, semi-annually, or annually, with returns due on the 20th day of the month following the end of the filing period. Payments can be made via paper or online returns.

Statutes

• Fla. Stat. § 83.201 – Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent
• Fla. Stat. § 83.46 – Rent; duration of tenancies
• Fla. Stat. § 83.47 – Prohibited provisions in rental agreements
• Fla. Stat. § 83.48 – Attorney fees
• Fla. Stat. § 83.49 – Deposit money or advance rent; duty of landlord and tenant
• Fla. Stat. § 83.51 – Landlord’s obligation to maintain premises
• Fla. Stat. § 83.53(2) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2b) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2d) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.55 – Right of action for damages
• Fla. Stat. § 83.56(2) – Termination of rental agreement
• Fla. Stat. § 83.56(3) – Termination of rental agreement
• Fla. Stat. § 83.57 – Termination of tenancy without specific term
• Fla. Stat. § 83.595 – Choice of remedies upon breach or early termination by tenant
• Fla. Stat. § 83.60 – Defenses to action for rent or possession; procedure
• Fla. Stat. § 83.64 – Retaliatory conduct
• Fla. Stat. § 83.67(1) – Prohibited practices
• Fla. Stat. § 83.67(2) – Prohibited practices
• Fla. Stat. § 83.67(4) – Prohibited practices
• Fla. Stat. § 83.67(5) – Prohibited practices
• Fla. Stat. § 83.67(6) – Prohibited practices
• Fla. Stat. § 83.682 – Protection Against Retaliation for Servicemembers
• Fla. Stat. § 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated
• Fla. Stat. § 715.105 – Form of notice concerning abandoned property to former tenant
• Fla. Stat. § 715.106 – Form of notice concerning abandoned property to owner other than former tenant
• Fla. Stat. § 95.11 – Limitations other than for the recovery of real property (5 years)
• Fla. Stat. § 95.11– Limitations other than for the recovery of real property (4 years)
• Fla. Stat. § 68.065 – Actions to collect worthless payment instruments; attorney fees and collection costs
• Fla. Stat. § 404.056(5) – Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules