Florida Landlord/Tenant Laws, Chapter 83 of Florida Statutes, do not prohibit subletting. However, they suggest that a tenant should always receive written permission from a landlord before proceeding with a sublease agreement. Furthermore, if a lease agreement specifies that subleasing is prohibited, then a tenant should not proceed with a sublease agreement.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. In Florida, If the original lease does not prevent the tenant from entering into a sublease agreement, the original tenant may sublet the property. However, if the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A Florida sublease agreement should include the following sections: