Free Florida Sublease Agreement Template
Life is full of curveballs. That is why it is important to maintain some level of flexibility. This applies to all kinds of situations, including lease agreements.
If a tenant needs to move out of a rental property before their lease is up, they could potentially sublease the unit to a new tenant. The original tenant is still responsible for rent and the terms of the lease, but the new tenant will live there and pay rent to them. Subleasing is generally allowed, unless a lease prohibits it. As a landlord, it is a good idea to put provisions in a lease about subleases, whether you want to prohibit them or allow them while maintaining some control over who lives in your rental property.
At Eaton Realty, we do not permit subleases on any of the properties we manage. Our priority is protecting your investment in your property. We do not allow subleasing because subleasing increases your legal liability and the potential for property damage. That being said, we also recognize that subleasing can be a good alternative to having to find new tenants, collect unpaid rent, or have your rental property sit vacant. Our experienced property management team can talk you through the pros and cons of allowing subleases for your rental properties. Reach out to talk to a member of our real estate team about your property management needs.
What Is a Sublease?
A sublease is when a tenant rents a property to another person for a specified period. It is the legal transfer of tenancy from an existing tenant to a third party. Typically, the owner of the rental property has to approve a sublease if subleasing is even permitted according to the terms of the original lease.
A lease is a contract between a property owner and a tenant. This agreement essentially gives the tenant the right to use the property for an agreed-upon period in exchange for the payment of rent. Subleasing is when the tenant transfers part of the legal tenancy to another person, effectively making them the new tenant.
Subleasing can be a good solution for situations where a tenant needs or wants to leave a rental property before their lease term has expired. For example, a tenant in Tampa has a job offer in Gainesville, but has 4 months left on their lease. In this situation, a sublease to a well-qualified tenant may be the ideal solution so that the tenant doesn’t have to pay rent in two cities or break the lease.
Subleasing Under Florida Law
Subleasing is permitted under Florida law, unless forbidden by the original lease. However, a lease will often contain provisions about subleasing. Typically, a lease will provide that any subleasing arrangement must be approved by the landlord.
Importantly, the original tenant is not relieved from their obligations under the lease because they found someone to sublease the unit. They still have a contract with the landlord and are responsible for paying rent and for any damage to the property. If the new tenant doesn’t pay rent, then the original tenant is still liable to the landlord for the amount due.
Subleasing Vs Subletting
Finally, the term “subletting” is often used interchangeably with “subleasing.” However, there is a difference between the two terms. Generally, with a sublet, the new tenant has a contract with the landlord and pays rent directly to the landlord. With a sublease, the new tenant’s contract is with the original tenant, and they will pay rent to the original tenant.
Should You Let Your Tenants Sublease a Rental Property?
If you own a rental property in the Tampa area, you might be approached by a tenant who wants to sublease their rental unit. There are upsides and downsides to subleasing. Before agreeing to a sublease, you should carefully consider the pros and cons.
The Benefits of Subleasing
Uninterrupted Rental Income
There are upsides to subleasing. First, it ensures that you continue to get rent from the original tenant, even if they no longer live there. Ideally, the new tenant will pay rent to the original tenant, who will then pay you. Even if the new tenant misses rent, the original tenant is still on the hook for the payment.
Avoided Legal Costs
Second, it is often more practical to allow a tenant to sublease their rental than to go after them for breaking the lease and having to find new tenants. The legal process can be costly and time-consuming, so even if the tenant violated the lease by moving out and not paying rent, it may be more trouble than it’s worth to go after them for the money. With a sublease, you won’t have to deal with the legal aspect - or find new tenants.
Potential For A New Tenant
Third, there is always the possibility of a subtenant becoming a long-term tenant. They could decide that they absolutely love their new home and ask to sign a lease directly with you. Again, this can reduce vacancy rates, carrying costs, and the time and hassle of finding new tenants.
The Drawbacks of Subleasing
Indirect Relationship With Subtenant
There are drawbacks to allowing a sublease. One of the big issues is that you don’t necessarily have a direct relationship with the subtenants. This can be an issue if a problem arises. Even though the original tenant is still responsible for the lease, it can make things more complicated. For example, if neighbors complain to you about the new tenant being noisy, you may need to go to the original tenant to get them to talk to the new tenant.
Less Control Over Screening
You also might not have as much control over who is living in your property - or at least not as much control as you would have when you find your own tenants, complete with tenant screening and credit checks. You can address this issue by including specific provisions in the lease that require all subleases to be approved by you or your Tampa property manager.
Is Subleasing Worth Considering?
The bottom line is that a sublease can be beneficial, with certain guardrails in place. It can be a way to ensure a continued stream of rent, even if your original tenants need to move. It can also be a great option for tenants, offering them flexibility in the event that they have to leave the rental property.
As experienced Tampa property managers, we always recommend that landlords think carefully about whether or not they want to allow subleases. We personally do not advocate for subleases, and we do not allow them for any of the properties that we manage. However, that doesn’t mean that a sublease arrangement could work for you. Whatever you decide, it should be clearly stated in the lease that subleases are prohibited or that subleases are permitted with the approval of the landlord. Our team can help you spell out the specific conditions that you want to include as part of the sublease.
Free Florida Sublease Agreement Template
Any sublease should include a written agreement. Below, we have a sample Florida sublease agreement that you can use if you want to sublease a rental property. If you are a landlord, you can also offer it to your tenants so that they have a contact in place with any subtenants.
- Parties: The parties to this Agreement are __________________, hereinafter called “Tenant,” and _________________, hereinafter called “Subtenant.”
- Property: Tenant hereby sublets the following property to Subtenant for the term of this Agreement:
- The real property known as:__________________________________________.
- The following furniture and appliances on said property:______________________________________ .
- Term: This Agreement shall be from ______________ to _____________.
- Rent: The Subtenant’s monthly rental for said property shall be $_______________, due and payable by the Subtenant on the _______________ day of each month, to the tenant.
- Utilities: All utilities and services not obligated to be supplied by the landlord shall be the responsibility of the Subtenant.
- Deposit: Subtenant will pay the following deposits and fees to the tenant:_______________________________________ .
- Damages: Subtenant shall be responsible for any and all damages resulting from negligence or lack of care while in possession of the property, even if damages are beyond the amount of the security deposit. A move-in inspection report form is attached hereto. Subtenant accepts full liability for any damages to the premises not listed on the move-in inspection form.
- A copy of the Rental Agreement between Landlord and Tenant is attached to the Subleasing Agreement and is incorporated as if set out in full.
- Subtenant agrees to perform and be bound by all provisions of the Rental Agreement, undertaking all obligations of the Tenant.
- Subtenant will hold Tenant harmless from all liability arising under the Rental Agreement.
- Additional Terms:_________________________________.
We, the undersigned, agree to the provisions of the Sublease Agreement.
This sample agreement can be modified to meet your particular needs. You can download a copy of our free sublease agreement template here.
Expert Hillsborough County Property Management Services
In an ideal world, once you find a great tenant, they will stay at your rental property - paying rent on time and taking great care of the home. If they have to move out before their lease is up, you may allow them to sublease it to a new tenant. However you decide to handle subleases, it should be explicitly spelled out in your lease agreement.
Eaton Realty is a Tampa property management company that works with landlords and property investors throughout West Central Florida. We can help you with all aspects of property management, from marketing your properties to screening tenants to routine maintenance and rent collection. We can also offer advice on issues such as subleasing.
To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.
Daniel Rothrock
Director of Property Mgmt., MPM
Daniel is the Director of Property Management at Eaton Realty. He is a Master Property Manager, which is the highest level of recognition you can receive in the field. When he's not covering property management developments and insights on the Eaton blog or managing Eaton's property management team, Daniel can be found serving as the Southeast Regional Vice President/Ambassador for the National Association of Residential Property Managers. You can find Daniel on LinkedIn.