Applying and moving in
Roommates, guests and subletting in a Florida rental
Florida's landlord and tenant act doesn't address subletting, so your lease decides whether you can sublet or add a roommate, and in a condo the association's rules usually require approval too. Most leases make every tenant responsible for the full rent, not a share of it. A guest who stays without the landlord's OK can be a lease violation the landlord may give you 7 days to fix.
Updated Last checked 3 min read
Quick answer
- Subletting: the lease decides, and condo rules often add an approval step.
- Co-tenants on one lease usually each owe the whole rent.
- Section 83.56(2)(b) names unauthorized guests as an example of a violation you get 7 days to fix.
- Sublets of six months or less can trigger Florida transient rental tax.
- Write a roommate agreement covering rent split, bills, deposit and move-out.
On this page
Roommates on the same lease
When two or three people sign one lease, the landlord usually sees a single tenant with several names. Most leases make every signer jointly and severally liable, which means each of you owes the full rent. If one roommate stops paying, the landlord can collect the whole amount from the others.
- How you split it
- $1,100 each
- One roommate moves out in month 7
- The landlord can still bill the remaining two for $3,300
That's why a written roommate agreement matters even though the landlord isn't part of it. Put in how rent and utilities split, who paid what toward the deposit, how a roommate leaves early and finds a replacement, and how you divide the deposit refund.
Adding a roommate later
Ask the landlord in writing before anyone moves in. Most landlords will want the new person to apply and sign the lease, and a condo association with an approval rule will want its own application.
Moving someone in quietly turns a simple request into a lease violation.
How long can a guest stay?
Florida law doesn't set a number of nights. Your lease probably does, often with a limit on how many consecutive days a guest can stay before they count as an occupant. Section 83.56(2)(b) gives unauthorized guests as an example of a violation the landlord must give you 7 days to cure, and if the same thing happens again within 12 months, the landlord can file for eviction without giving you another chance to fix it.
Subletting
Chapter 83 says nothing specific about subletting, so the lease controls. Many leases ban it outright or require the landlord's written consent. In a condo, a sublet is usually treated as a new lease that needs association approval, and short sublets can run into the same minimum lease terms that block seasonal rentals.
Renting your place out for six months or less can also count as a transient rental under section 212.03, which taxes people in the business of renting, with sales tax and tourist tax due on the rent. Listing your apartment on a short-stay site without the landlord's consent risks a lease violation and a tax bill at once.
When a roommate leaves
The cleanest exit is a lease amendment that removes the departing roommate and, if needed, adds a replacement, signed by everyone and the landlord. Without one, the person who left is usually still on the hook for the lease, and the deposit stays with the landlord until the whole tenancy ends.
Questions people ask
Can I sublet my apartment in Florida?
Only if your lease allows it or the landlord agrees in writing. Florida law leaves it to the lease, and condo associations usually treat a sublet as a new lease that needs approval.
If my roommate stops paying, do I have to pay their share?
If you both signed the lease and it makes you jointly and severally liable, which most do, the landlord can collect the full rent from you.
Can my landlord evict me for having a guest?
An unauthorized guest is a violation you can fix. The landlord has to give you 7 days' written notice to cure it, and a repeat within 12 months can lead to an eviction filing without another warning.
Do I need to charge tax if I sublet my place for a month?
A rental of six months or less can be a transient rental under section 212.03, with sales tax and tourist tax due on the rent, especially if you rent the place out more than once. Your lease probably bans the sublet anyway, so start there.
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Words in this guide
Sources
- Florida Statutes, section 83.56: Termination of rental agreementleg.state.fl.us
- Florida Statutes, section 83.43: Definitionsleg.state.fl.us
- Florida Statutes, section 212.03: Transient rentals tax, rate, procedure, enforcement, exemptionsleg.state.fl.us
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
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Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.