Landlords, Tenants, and Subleases In Florida
Subleases are common in residential landlord-tenant law, allowing a tenant who has to suddenly leave to ensure their commitment to the landlord is fulfilled by assigning the rent obligation to someone else. However, the landlord has the right to veto a sublease in most cases if they suspect the obligation will not be met. If you are a Florida landlord or tenant and you have questions about subleases, the right attorney can help.
Up To The Original Parties
In general, Florida law does not explicitly allow or disallow residential subleases; it is usually up to the parties to decide whether this is permissible when they sign the original lease agreement. With a written lease, both parties can simply check the document if a dispute comes up, though if your lease is oral you may encounter significantly more problems. If your lease does not contain any discussion of subleases, it may be possible to amend it with the consent of both parties.
Usually, enforceable clauses of this nature simply grant the landlord the right of “reasonable” refusal if the tenant’s chosen sublessor seems unwilling or unable to pay the required rent. After all, the property is owned by the landlord, and it was the tenant who signed the original lease. There must be consensus on a sublease before it can go into effect, and if the landlord does not give their consent, they have the right to evict anyone who attempts to move onto the property.
Know Your Obligations
Even if a landlord consents to a sublease being formed with another person, issues can still arise if the tenant does not fully understand their obligations. For example, many tenants think that if they sublease an apartment to another person, they have ‘dumped’ the requirement to pay rent to the landlord onto the sublessor. This is simply not the case in Florida; if a sublessor causes damage to the property or fails to pay rent, the landlord will sue the tenant for remedies.
The important thing to keep in mind is that many disputes of this nature can be avoided with open, honest communication. As a landlord, the best way to protect one’s investment is to be responsive to one’s tenant. Having a good relationship with one’s tenant lessens the likelihood of their acting without informing you or creating a situation that requires legal intervention to untangle.
Call A Tampa Landlord-Tenant Dispute Attorney
Sometimes a sudden change in plans may put a tenant in a difficult position in terms of being able to honor their lease. A sublet can solve the problem, but only if the landlord is on board. If you have a dispute brewing with your landlord or tenant, a Tampa landlord-tenant dispute attorney from the Seward Law Office can help. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.43.html
