When it comes to subletting in Florida, what the lease says, goes. If your lease says that you are prohibited from subletting your rental, then that clause is valid and you cannot legally sublet. (That said, you can always reach out to your landlord and ask if they would consider changing their mind. Especially if you rent from a smaller landlord, there may be some flexibility in their policies.)
If your lease says that subletting is only allowed with your landlord’s agreement, then you must get their approval before letting a subletter move in. Otherwise, there could be legal consequences. But what if you ask your landlord to allow you to sublet—and they refuse?
According to Florida courts, your landlord can’t “arbitrarily withhold approval” for a sublease. If you present them with a potential subletter, they can only reject the candidate for a good reason. Florida doesn’t offer any additional guidance on what type of refusal is reasonable, so you can follow the general rule of thumb: a good reason is typically a commercially viable one, meaning that the proposed subtenant could put your landlord’s business at risk. For instance, it’s likely considered reasonable if your landlord rejects a candidate because they’re unemployed or have a very low credit score.
The information provided on this website does not, and is not intended to, constitute legal advice.