Residential Sublease Agreement - Florida

Residential Sublease Agreement — Florida

Before you use this: Attach the complete master lease and document the primary landlord's consent if it requires consent. For a term of at least one year, give Subtenant Florida's statutory flood disclosure as a separate document before signing.

This Sublease Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The primary landlord is [LANDLORD FULL NAME]. The parties agree as follows.

1. Premises, master lease, and permission

Dwelling address: [STREET, UNIT, CITY, COUNTY, FLORIDA ZIP].
Space sublet: ☐ Entire dwelling ☐ [ROOM/AREA], with shared use of [COMMON AREAS].
Master lease dated: [__/__/____]. Master lease ends: [__/__/____]. The complete master lease and amendments are attached as Exhibit A and given to Subtenant before signing.

Permission route: ☐ The master lease permits this sublease without further consent; identified clause: [________]. ☐ The primary landlord's written consent required by the master lease is attached as Exhibit B or signed below. Subtenant will not take possession until the applicable permission is documented. This sublease remains subject to the master lease's lawful occupancy, use, and property rules. It does not release Sublessor from the master lease or grant possession after Sublessor's own right ends.

2. Term, rent, and charges

Occupancy begins: [__/__/____]. Fixed term ends: [__/__/____], no later than the master lease end. Renewal requires a written agreement signed by both parties and any permission required by the master lease. A permitted holdover or later periodic tenancy is subject to Florida law and cannot outlast Sublessor's right to occupy.

Rent: $[________] per month, due on the [____] day to [PAYEE] by [PAYMENT METHOD AND LOCATION]. First payment: $[________] due [__/__/____]. Partial-month rent, if any: $[________] for [DATES].
Utilities and services: [IDENTIFY EACH SERVICE, PAYER, AMOUNT OR SPLIT, AND DUE DATE].
Other agreed charges, if any: [DESCRIPTION AND AMOUNT / NONE]. No charge overrides a nonwaivable law.

3. Security deposit and statutory disclosure

Refundable deposit: $[________], received [__/__/____]. Sublessor will hold it in a separate non-interest-bearing account for Subtenant's benefit in a Florida financial institution and will not commingle or use it before it is due. Depository name: [________]. Depository address: [________]. Interest payable on this deposit: No, under the selected holding method.

If no claim is made, Sublessor will return the deposit within 15 days after termination. To claim part of it, Sublessor will send the required notice and reason within 30 days after termination by certified mail to Subtenant's last known mailing address or by e-mail only under a valid separate § 83.505 addendum. Subtenant may object in writing within 15 days after receiving a claim notice; if Subtenant does not object, Sublessor will remit the balance within 30 days after the date of the claim notice. The parties will complete a move-in condition record as Exhibit C.

Florida deposit notice required by § 83.49(2)(d):

YOUR RENTAL AGREEMENT REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST PROVIDE YOU WRITTEN NOTICE IN PERSON, BY MAIL, OR BY E-MAIL IN ACCORDANCE WITH SECTION 83.505, FLORIDA STATUTES, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S WRITTEN NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY PROVIDE YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.

4. Use and disclosures

Additional occupants: [NAMES]. Pets: [MASTER LEASE TERMS / NONE]. Parking and storage: [TERMS / NONE]. Subtenant will keep the dwelling reasonably clean, avoid damage and disturbance, and promptly report repair needs to Sublessor. Sublessor will coordinate obligations requiring the primary landlord's action. No provision waives a nonwaivable Florida right or duty.

Radon disclosure required by § 404.056(5): RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

Term of at least one year? ☐ No ☐ Yes; the separate flood disclosure required by § 83.512 was delivered to Subtenant on [__/__/____] before signing. Other disclosures: [LIST / NONE].

5. Notices and ending occupancy

Sublessor or authorized notice recipient, name and mailing address: [________________________________].
Subtenant's notice address: [________________________________].
Subtenant's forwarding address for deposit communications: [________________________________ / TO BE GIVEN IN WRITING].

Statutory notices must use the applicable Florida delivery method; e-mail for a notice under Part II of Chapter 83 requires a separate voluntary addendum satisfying § 83.505. If Subtenant vacates before the fixed term ends or vacates a later periodic tenancy, Subtenant will give the written notice and address required by § 83.49(5), unless this written agreement validly provides otherwise. If the parties later create a month-to-month tenancy, either party may terminate it with at least 30 days' written notice before the end of a monthly period under § 83.57(3). Termination for breach and recovery of possession follow applicable Florida law; this agreement does not authorize a lockout or other self-help removal.

At lawful termination, Subtenant will surrender possession, keys, and access devices, remove personal property, and provide a written forwarding address. The parties will record the move-out condition and any amounts claimed.

6. Signatures and landlord consent

Florida law governs. Amendments must be in writing signed by both parties and approved by the primary landlord when the master lease requires it. Each party receives a signed copy.

Sublessor signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

Subtenant signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

Primary landlord's consent, if required: I consent to this sublease and its stated term. This consent does not release Sublessor from the master lease unless I separately agree in writing.

Primary landlord signature: ______________________________ Date: [__/__/____]
Printed name and title: [________________________________]

Exhibits: A — Master lease and amendments; B — separate written landlord consent, if any; C — move-in condition record; D — separate statutory flood disclosure for a term of at least one year, if applicable.