Is It Legal to Sublet Your Apartment in Florida? Here's What the Law Says

Subletting your apartment in Florida is generally legal, but whether you can do so depends almost entirely on the terms of your original lease agreement and, often, the landlord’s consent. Florida law does not explicitly permit or prohibit subleasing; instead, it leaves the decision to the parties involved in the lease contract.

Here’s what you need to know:

Lease Agreement Is Key:

If your lease says subletting is allowed, you can proceed—often with the landlord’s written permission.
If your lease prohibits subletting, you cannot sublet your apartment without violating your lease.
If your lease is silent on subletting, you may be able to sublet, but getting written permission from your landlord is strongly recommended to avoid disputes.

Landlord’s Consent:

Many leases require you to obtain your landlord’s written consent before subletting.
Landlords cannot “unreasonably” refuse permission to sublet; their refusal must be based on a legitimate reason, such as concerns about the subtenant’s ability to pay or potential disruption.
If your landlord accepts rent from a subtenant, this may be considered implicit consent to the sublease.

Responsibilities and Risks:

As the original tenant, you remain responsible for all lease obligations, including rent and property condition, even after subletting.
Subletting without required permission can result in eviction for both you and your subtenant.
It’s wise to draft a written sublease agreement that outlines all terms and expectations between you and your subtenant.

Protection for Subtenants:

Subtenants generally have the same rights and obligations as you do under the original lease, but their agreement is with you, not directly with the landlord.
If eviction becomes necessary, you (the original tenant) are responsible for removing the subtenant, not the landlord.

Summary Table

Scenario	Can You Sublet?	Notes
Lease allows subletting	Yes	Usually requires landlord’s written consent
Lease prohibits subletting	No	Subletting is a lease violation
Lease is silent on subletting	Usually yes	Get written permission to avoid disputes
Landlord refuses consent	Possibly, if unreasonable	Landlord must have a valid reason; blanket refusal may not be upheld

Subletting is not illegal in Florida, but your ability to do so is governed by your lease and your landlord’s reasonable consent. Always review your lease and communicate with your landlord before subletting to protect yourself and your subtenant.

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