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Florida Sublease Agreement Template

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Florida Sublease Agreement Template

Updated March 01, 2024

A Florida sublease agreement is a lease between an existing tenant of a property and another person they wish to rent some or all of the property to. In a sublease arrangement, the existing tenant (sub-lessor) effectively becomes the landlord to the third party (sub-lessee).

Right to Sublet

Florida state law does not specifically address subleasing of residential property. Typically, a tenant’s lease will either allow subleasing under certain conditions or it will prohibit subleasing entirely. When a landlord’s permission to sublease is required, consider using a Landlord Consent Form.

Short-Term (Lodgings) Tax

In Florida, a short-term rental is defined as a unit that is rented more than three times per year for a duration of 30 days or less.[1] While the state charges sales tax, counties and cities may charge additional taxes and fees. However, this varies significantly by area.

Florida short-term rental taxes:

  • 6% state sales tax[2]
  • County sales tax (most counties)
  • County tourist tax (most counties)
  • City sales tax (some cities)

Additionally, a license from the Florida Department of Business & Professional Regulation is required to operate short-term rentals.[3]

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Sources

  1. Florida Statutes 509.013
  2. Florida Department of Revenue
  3. Florida Department of Business & Professional Regulation