Sublease Agreement
Florida Sublease Rights
Florida rental laws do not specifically govern subleasing. Whether a tenant can sublet their unit depends on the terms of the original lease agreement. If the lease allows subletting, it may include certain conditions, such as requiring the landlord’s written approval. If permission is needed, tenants should use a Landlord Consent to Sublease Form to get proper authorization.
Florida Short-Term Rental Tax Requirements
- A short-term rental in Florida is defined as a property rented more than three (3) times a year for periods of less than 30 days each. [1]
- The state imposes a 6% sales tax on short-term lodging, in addition to county and municipal tourist development taxes. [2]
- Some local governments also apply additional occupancy or tourism taxes based on the property’s location.
- All short-term rental operators must register and obtain a license through the Florida Department of Business and Professional Regulation (DBPR). [3]
Download a Free Florida Sublease Agreement Template (PDF)
Use our professionally drafted Florida Sublease Agreement to legally sublet your rental unit with landlord consent. The template includes tenant details, rental terms, and signature fields.
Legal Sources & References
- Florida Statutes § 509.013 – Definition of public lodging establishments and short-term rentals.
- Florida Department of Revenue – Overview of Florida sales tax rates and lodging tax rules.
- Florida DBPR Licensing Portal – Apply for short-term rental licenses.
Right to Sublet
Tenants can sublet unless their lease says otherwise. Breaking lease terms could lead to eviction or penalties. [1]
If the lease doesn’t mention subletting, talk to the landlord. If permission is needed, use a Landlord Consent Form.
Short-Term Lodgings Tax
Rentals with lease term of 30 days or less (including subleases) are taxed at the state, county, and city levels if within city limits. The state of Arkansas collects these taxes. [2]
Taxes on short-term rentals:
- 6.5% state sales tax [3]
- 2% state tourism tax [4]
- County sales tax (varies)
- City sales tax (varies)
- Additional local hotel/tourism taxes may apply
Some cities may also require a short-term rental (STR) business license through the city clerk.
Sources
Sample Arkansas Sublease Agreement
Right to Sublet
Arizona law doesn’t set rules for subleasing, therefore lease agreements should include the subletting terms. If the terms are unclear, use a Landlord Consent Form in order to get permission from the Landlord.
Short-Term Lodgings Tax
Sample Arizona Sublease Agreement Template
Rental Application – Before signing the sublease agreement for, a landlord uses a rental agreement that checks the tenant’s credit report and income.
Right to Sublet
Tenants cannot sublet or transfer their lease without the landlord’s written consent. [1]
Prospective sub-tenants must submit a signed written offer, including the information below, to the landlord. [2]
- Name, age, and address
- Marital status
- Job details and employer’s contact info
- List of other occupants
- Two credit references or financial guarantors
- Rental history for the past three years
The landlord can reject a sub-tenant only for legal reasons under Title 34, Alaska law. [3]
Short-Term Rental Tax
Alaska has no state sales or lodging tax. Local cities and boroughs set their own short-term rental taxes for stays under 30 or 31 days.
Sample Alaska Sublease Agreement
A sublease agreement is a legal contract between you (the original tenant) and someone else (the subtenant) who wants to rent all or part of your rented space.
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Minnesota
- Montana
- New Hampshire
- New York
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Texas
- Washington D.C.
How to Sublet (7) Steps
Subletting a unit requires the following steps:
1. Review Original Lease Agreement
Check if the original lease allows for subletting unit. The Landlord Consent Form proves the Landlord allows the rental property to be submitted.
2. Set Monthly Rent Amount ($)
Rental Comps – Base the monthly rent on the current rental amounts for similar rentals in the area (similar to sales comps compare property values).
Find Rental Market Comparables
3. Market the Rental Unit
Market Rental Property Online – Find the right fit by posting on reputable social platforms.
Where to Advertise a Room for Rent (5)
4. Show the Property and Screen Tenants
Potential Tenants will most likely want to see the rental unit prior to signing the lease. To save time, screen the Tenants prior to showing them the property by asking some basic questions such as:
- When is the ideal move-in date?
- How many tenants and/or occupants will be renting?
- What lease term are you looking for (How long do they plan to stay in unit)?
- Are they currently employed (Make sure they can pay the monthly rent amount)?
- Do they have pets (May be required to pay additional pet deposit fee)?
5. Screen the Subtenant
- Rental Application – A form that lets landlords check a potential tenant’s job status and other needed information.
6. Add Any Required Disclosure Attachments
State:
Check local State requirements where the rental unit is located and make sure to give new Tenants any required disclosure forms.
Federal:
Lead-Based Paint Disclosure Form and EPA Brochure – For rental units build before 1978.
7. All Parties Sign the Sublet Agreement
The Sublease Agreement must be signed by all parties involved. For a sublet to be valid, the original landlord usually has to sign the sublease agreement.
Frequently Asked Questions (FAQs)
Q. What does Sublet Mean in a Contract?
Answer (investopedia.com): When a Tenant rents out a part or all of a rental property to another Tenant for a short period, it’s called subleasing or subletting. You need a sublease contract if you want to sublease your room or unit. This contract is a written agreement that acts as a lease within the main lease.
Q. Does Subletting Hurt Your Credit?
Answer (americanexpress.com): It depends on how your property management company reports information, it may appear on your credit report. It’s good to be aware of the conditions in your lease agreement. Leaving your studio without giving advance notice, finding someone else to take over your lease, or making similar arrangements could impact your credit history.