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In Florida, a sublease agreement is a legal agreement between two tenants: one who will be moving out of a rental unit and one that will be moving in. A sublease agreement grants the sublessee (the incoming tenant) the right to move into the unit and pay rent while the sublessor is gone. Sublease agreements are often temporary agreements lasting for a few months, but sometimes a sublease agreement can last for the duration of the original lease agreement. These types of agreements often come into play when the original tenant needs to relocate for a period of time. These types of situations often occur because of a family emergency, a contracted job, or military deployment. In these cases, the two tenants may agree that the sublease agreement will last for a period of months and will end when the sublessor returns. Other times the sublessor does not plan to return and the two parties agree that the sublease agreement will last until the lease term is over. This situation can occur if the sublessor has purchased a home or will be permanently relocating and has no intention of moving back into the rental. Regardless of the terms and conditions, it is very important to have a sublease agreement in writing in order to protect both parties.
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:
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