Roommate Clause
in Your Lease
What it actually means, what Florida law says, what's specific to Miami - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- No Florida statute in our record gives a right to add a roommate or sets a reporting deadline.
- An occupant your landlord has not approved is generally a breach under Chapter 83, Part II.
- Co-tenants on one lease are jointly and severally liable unless it splits rent, so one can owe the whole rent.
- Our Miami record has no city roommate rule, and § 83.425 supersedes local rules on matters the state act covers.
- Even an unapproved occupant can be removed only through eviction; a lockout or utility shutoff is illegal.
Understanding the Roommate Clause
This page is for Miami renters who want to add a roommate, or already have one, and need to know what to tell the landlord and when. Our Florida record has no roommate statute, and our Miami record has no city or county rule on top of it.
That leaves the roommate clause in your lease as the document that sets the approval process, any notice deadline and any fee. A few rules still apply whatever the lease says, and they are listed below.
What renters assume
Florida gives renters a set number of days after a partner or friend moves in to tell the landlord, as long as rent gets paid.
What is actually true
No Florida statute in our record attaches a day count to adding an occupant. The roommate clause in your lease sets the process, and moving someone in without the approval it requires is generally a breach.
Florida sits in the no statute group here, next to Georgia, Arizona, and Texas. Seattle and New York City each give renters a real right to add an occupant with 30 days' notice, and Chicago's ordinance makes a landlord accept a reasonable replacement tenant without extra fees. Our Miami record has no such right; the lease governs occupancy.
Roommate Clause Example - What the Wording Looks Like in Miami, FL
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
One sentence of a longer apartment-lease paragraph follows; it is the sentence naming who can trigger the charge, and the paragraph does not end there.
REIMBURSEMENT. You must promptly reimburse us for loss, damage, or cost of repairs or service caused anywhere in the apartment community by your or any guest's or occupant's improper use or negligence. […]
Quoted from the published opinion in Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2001). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
What the 4 highlighted phrases mean
“reimburse us for loss”
With no statute in our Florida record speaking to added occupants, the paragraph you signed is the document that answers it. The state's 2023 preemption statute reserves rules on residential tenancies to the legislature, and its subject matter expressly takes in rental agreement terms and notice requirements. Our Florida record shows no Miami roommate ordinance sitting alongside this paragraph, and what the paragraph says about who pays is what answers the question.
See the example
“repairs or service”
Service is the quieter half. A call-out, a locksmith, a make-safe visit after a door is forced - none of that is a repair in the ordinary sense, and all of it lands inside the charge. Bills of that shape are the ones roommates argue about hardest, because once the visit is over there is nothing physical left to inspect.
See the example
“anywhere in the apartment”
The sentence covers the whole complex, and moving an unapproved person into your unit adds a second exposure on top of it. An unapproved roommate is generally a lease breach the landlord can act on under Chapter 83, Part II. So the practical risk in Miami runs on two tracks at once: the money this paragraph creates, and the tenancy itself.
“guest's or occupant's”
Neither word describes somebody who signed anything, which is why they are here. Cotenants who do sign the same Florida lease are jointly and severally liable for rent and damages unless the lease splits it, so the lease is where a split has to come from and a private arrangement between roommates is not it. Read your own paragraph for the words that would divide the liability, because they are the only ones that can.
See the example
The co-signer's defence failed. JoAnn Brown signed an apartment lease as a cotenant with her adult son. He was alleged to have started a fire that damaged the complex, the landlord sued only her, and she argued she could not be charged for damage she had not caused. The Texas Supreme Court disagreed, reversed the summary judgment she had won and held this sentence enforceable against a cotenant who was not herself negligent. The route ran through two sections. Tex. Prop. Code § 92.052(b) gives a landlord no duty to repair damage caused by the tenant, an occupant or a guest, so § 92.006(e) had no repair duty to stop the parties contracting over; and the fair-notice doctrine did not apply, because the sentence does not shift the landlord's own negligence onto the tenant. The court added that neither statute, common law nor the Restatement bars “requiring a tenant to reimburse the landlord for damages negligently caused by the tenant or one occupying the premises with the tenant's consent.” A dissent would have held the sentence unenforceable outright because it was not underlined or conspicuous, as § 92.006(e)(4) requires. This is 2001 Texas law, decided on the Texas Property Code - state-specific, and not a national rule.
How this state's law treats this clause
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Florida Law on Roommate Clause
- No Florida statute in our record lets a tenant add an occupant or requires a landlord to respond to such a request.
- Fla. Stat. § 83.425, effective in 2023, supersedes local rules on matters Florida's landlord-tenant act covers, including terms and conditions of rental agreements and notice requirements.
- Co-tenants who sign the same lease are jointly and severally liable for rent and damages unless the lease splits it.
- Moving in an unapproved roommate is generally a lease breach the landlord can act on under Chapter 83, Part II.
Sources include Fla. Stat. § 83.425 - statutes change; verify the current text for your situation.
Copy and send: Before the new person moves in, once you have read your lease's roommate clause
Ask to add a roommate
Fill in the brackets and keep a copy of what you send.
What our Florida record says about roommates:
- No roommate statute. No Florida statute in our record lets a tenant add an occupant or requires a landlord to answer such a request. Your lease governs occupancy.
- Unapproved occupants. If your lease requires written approval, that term binds you. Moving someone in anyway is generally a breach your landlord can act on under Chapter 83, Part II.
- Shared rent. Co-tenants who sign the same lease are jointly and severally liable for rent and damages unless the lease splits it. If your roommate stops paying, the landlord can collect the whole rent from you.
- Compared with New York. New York's Real Property Law section 235-f lets a renter add one occupant plus that person's dependent children on 30 days' notice. Our Florida record has no equivalent.
Check Florida's current statutes before you rely on this summary.
What's Specific to Miami
How Florida compares
Deadline to notify the landlord of a new roommate, state by state
30 daysNo figureGuide coming soonYou are here
See all 25 cities as a chart
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
Our Miami record has no city or county roommate rule. Fla. Stat. § 83.425, in effect since 2023, supersedes local rules on matters Florida's landlord-tenant act covers, including terms and conditions of rental agreements and notice requirements.
Many Miami rentals are condos, where the building's association may also approve occupants separately from your landlord. Check the current text of § 83.425 before you rely on it.
It should name who decides, the steps and a reply window. No Florida statute in our record sets that window.
A fair lease names the way in, usually a signed addendum adding the person as a co-tenant.
Watch for guest limits so tight that a partner staying weekends becomes a violation. Ask for a specific number before you sign.
Some leases raise rent per added occupant. Our Florida record finds no cap on that. Get the exact figure in writing first.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Fla. Stat. § 83.425 on flsenate.gov, Florida's own publication of its statutes.
Red Flags to Watch Out For
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Sole-discretion approval, no timeline
The landlord may approve or refuse an occupant at will, with no deadline. No Florida statute in our record sets a reply window. Ask for one in writing.
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Vague guest-to-occupant trigger
A guest becomes an unauthorized occupant after some undefined number of nights. Push for a specific number so a visiting partner is not a breach.
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Open-ended roommate fees
Screening and add-on fees with no stated amount. Our Florida record finds no cap on them. Get the number before anyone moves in.
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Joint liability buried in fine print
One line makes each roommate liable for the whole rent, not a share. If your roommate leaves, your landlord can bill you for all of it.
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Instant termination for extra occupants
The lease treats an unapproved occupant as a breach with no chance to fix it. Ask for a written cure period before you sign.
Your Rights as a Miami Tenant
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Court process before removal
An unapproved occupant comes out only through eviction under Chapter 83, Part II. A lockout, utility shutoff or moving belongings to the curb is illegal whatever the lease says.
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Fair housing covers your roommate
A landlord can't refuse an occupant over race, color, religion, national origin, sex, disability or familial status. A live-in aide as a disability accommodation is protected too.
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The lease binds them too
If your lease sets out an approval procedure, your landlord has to follow it. A written process they ignore is their breach, not yours.
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Written approval ends the argument
Once your landlord approves your roommate on paper, that document settles it. Push for a signed addendum naming the occupant, not a verbal okay.
What To Do - Step by Step
Read your roommate clause
Find the words occupants, guests and assignment in your lease. Check for an approval process, fees and any deadline. No Florida statute in our record sets one.
Ask in writing first
Email the person's full name and move-in date before anyone moves anything. Your email shows when you asked and what you asked for.
Offer a screening application
Offer to have your roommate apply and pay the standard screening fee, like any other applicant.
Get a signed addendum
Approval should end in a written addendum naming the new occupant. Ask whether they join as a co-tenant, since that decides who owes the rent.
Apply to the condo association
If your building is a condo, the association may need to approve your roommate too. Start that application early, alongside your landlord's.
Get free legal help
Legal Services of Greater Miami helps income-eligible renters at no cost. Call before you move anyone in, not after a notice lands on your door.
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Frequently Asked Questions
Roommate rules near Florida
The same clause in the nearest states we cover.
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