No statute
Landlord's deadline to answer a written sublet request in
Your lease decides. No section we read in Part II of Chapter 83, Florida's residential landlord and tenant law, covers subleases, assignment or landlord consent. If your lease requires consent, no section we read makes the landlord be reasonable or reply by any date. If the lease is silent, you may generally transfer the unit. You stay fully liable for the rent either way.

Quick Summary - What You Need to Know

  • No section we read in Florida's Chapter 83, Part II covers subleases, assignment or landlord consent.
  • If your lease requires consent, no section we read makes the landlord be reasonable or reply by a date.
  • If your lease says nothing about subletting, you may generally transfer the unit.
  • You stay fully liable for rent and for damage your subtenant causes.
  • No Miami rule we read adds to sublet consent, but its vacation-rental ordinances restrict short-term renting.

Copy and send: Before anyone moves in, once you have read your lease's subletting clause

Ask to sublet

Fill in the brackets and keep a copy of what you send.

How Florida compares

Landlord's deadline to answer a written sublet request, state by state

Landlord's deadline to answer a written sublet request by stateEach square is a state; Florida is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZNo figureArkansas: guide coming soonARCaliforniaCANo figureColoradoCONo figureConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDCNo figureFloridaFLNo figureGeorgiaGANo figureHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisILNo figureIndianaINNo figureIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKYNo figureLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMDNo figureMassachusettsMANo figureMichiganMINo figureMinnesotaMNNo figureMississippi: guide coming soonMSMissouriMONo figureMontana: guide coming soonMTNebraska: guide coming soonNENevadaNVNo figureNew Hampshire: guide coming soonNHNew JerseyNJNo figureNew Mexico: guide coming soonNMNew YorkNY30 daysNorth CarolinaNCNo figureNorth Dakota: guide coming soonNDOhioOHNo figureOklahoma: guide coming soonOKOregonORNo figurePennsylvaniaPANo figureRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTNNo figureTexasTXNo figureUtah: guide coming soonUTVermont: guide coming soonVTVirginia: guide coming soonVAWashingtonWANo figureWest Virginia: guide coming soonWVWisconsinWINo figureWyoming: guide coming soonWY

30 daysNo figureGuide coming soonYou are here

See all 25 cities as a chart

Landlord's deadline to answer a written sublet request

Same clause, 25 cities, different rules. Tap any city for its own guide.

Austin, Texas
No statute
Miami, Florida
No statute
Portland, Oregon
No deadline
Washington, District of Columbia
No deadline, lease may bar it
Columbus, Ohio
No statute; lease controls
Newark, New Jersey
No deadline; city bars short-term sublets
Detroit, Michigan
No deadline; lease controls
Baltimore, Maryland
No set deadline
Minneapolis, Minnesota
No set deadline
Milwaukee, Wisconsin
No deadline; lease may restrict
Kansas City, Missouri
No deadline; written assent required
Indianapolis, Indiana
No set deadline
Louisville, Kentucky
No set deadline

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.

Understanding the Subletting Clause

This page is for Miami renters who want to sublet, or who are about to sign a lease with a subletting clause. That clause is the place to look, and the best time to fix it is before you sign.

Ask for a reply date, a fixed fee and a promise that consent will not be unreasonably withheld. Many Miami rentals are condo units, so the building's association rules can matter as much as your landlord's answer.

What renters assume

A landlord has to be reasonable, so a clean, employed, credit-checked replacement cannot just be turned down.

What is actually true

No section we read in Florida's residential tenancy law requires a landlord to be reasonable or to answer by any date, which leaves your subletting clause as the document that answers it.

Read the chart the honest way: Miami sits with the silent states. A New York City tenant gets an answer within 30 days, and a Chicago landlord must accept a reasonable sublease without charging a single extra fee - Florida gives you neither, only what you negotiated at signing.

Clause decoder

Sublet 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.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

Occupancy of Premises — Tenant shall not assign nor underlet any part or the whole of the premises, nor shall permit the premises to be occupied for a period longer than a temporary visit by anyone except the individuals specifically named in the first paragraph of this tenancy, their spouses, and any children born to them hereafter, without first obtaining on each occasion the assent in writing of Landlord.

Quoted from the published opinion in Slavin v. Rent Control Board of Brookline, 406 Mass. 458, 548 N.E.2d 1226 (1990). 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
1

“any part or the whole of the premises”

Part II of Chapter 83 - Florida's residential landlord and tenant law - has no provision on subleases, assignment, or landlord consent to a sublet, so the size of what you rent out changes nothing. A spare room and the whole apartment are the same question here, and our Florida record leaves the answer to your lease paragraph.

See the example
That makes the drafting worth reading closely. A clause banning a sublet of “the premises” and a clause banning a sublet of “any part” are different promises, and in Florida there is no statute standing behind either one to widen it or cut it down.
Tenant-favourable“Tenant may sublet any portion of the premises on notice to Landlord”
What this lease said“any part or the whole of the premises”
Landlord-favourable“No portion of the premises may be sublet, licensed or shared, in whole or in part”
2

“by anyone except the individuals specifically named”

Two different Florida outcomes hide behind a list like this one, and which you get depends on your own document. Where the lease is silent, a tenant may generally transfer the leasehold. Where the lease prohibits or conditions it, as this one does, the clause is enforceable as written. Read the paragraph before assuming either way.

See the example
Miami does not change the answer. Its short-term-rental and vacation-rental ordinances restrict transient renting, but they do not govern a landlord's answer to a sublet request. Who may live in the unit is a question our Florida record does not reach at all, which leaves it to the paragraph you signed.
Tenant-favourable“Occupancy by persons other than those named is permitted on written notice”
What this lease said“by anyone except the individuals specifically named”
Landlord-favourable“Occupancy by anyone other than the named individuals is an incurable default”
3

“their spouses”

Notice that the lease, not the code, is drawing the household line. Our Florida record finds no statute requiring a landlord to be reasonable or to respond within any number of days, so look to the paragraph you signed for both the list of who may live there and the process for changing it. This lease carves out spouses by name, and our Florida record has nothing to say about who may live in the unit - so where a lease omits that carve-out, the lease is what you are left arguing from.

See the example
With no deadline to hold a landlord to, build your own. Put the request in writing, name a date by which you need an answer, and keep the copy; if nothing comes back you at least have a record of what you asked and when you asked it.
Tenant-favourable“Spouses and immediate family may occupy without further consent or charge”
What this lease said“their spouses”
Landlord-favourable“A spouse who was not a signatory must apply for approval and may be refused”
4

“without first obtaining”

Getting consent first is the part that protects you, not only the landlord. Under a Florida sublease the original tenant remains fully liable to the landlord for rent and for damage caused by the subtenant - so an arrangement the landlord never approved leaves you carrying every risk without the one document that records what was agreed.

See the example
So the consent document is the one thing worth insisting on. Ask for it in writing, naming the subtenant and the sublease dates, and keep it with the lease - where the clause conditions a sublet, Florida makes that clause enforceable as written, and what the landlord signed is the only record of the exception you were given.
Tenant-favourable“On Landlord's written consent to a sublease, Tenant's liability is limited to the sublease term”
What this lease said“without first obtaining”
Landlord-favourable“Tenant remains liable for all obligations under this Lease notwithstanding any sublease”
What the court did with it

The landlord did not have to be reasonable, and the tenant lost. The Supreme Judicial Court read this clause and refused to add anything to it: a residential lease requiring the landlord's written assent before an assignment, an underletting or an additional occupant carries no implied duty to act reasonably. Absent express lease language - or a statute - saying consent will not be unreasonably withheld, the landlord may refuse arbitrarily, so a blanket refusal to accept any replacement occupant did not excuse the tenant's breach. The annulment of the rent board's decision was affirmed and the certificate of eviction ordered to issue. The court knew it was declining a trend: it found no demonstrable trend involving residential leases, reasoned that in a rent-controlled town a landlord has little economic incentive to withhold consent, warned that the opposite rule would generate a plethora of litigation, and handed the question to the Legislature - noting in a footnote that four states had already legislated, New York's Real Property Law § 226-b among them. Two limits belong with the holding. The disposition was not a clean sweep: the court reversed the Appellate Division's award of double costs and attorneys' fees even as it affirmed the annulment. And the closing footnote says the court makes no suggestion about the rule it might adopt in other contexts - this is a rule about residential leases and nothing wider.

How this state's law treats this clause
Florida's residential tenancy law simply has no subletting section - nothing about subleases, nothing about assignment, nothing about a landlord's consent. That leaves your lease to decide whether you need consent, and check the current chapter text before relying on it:

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 Subletting Clause

The law in Florida
  • Part II of Chapter 83, Florida's residential landlord and tenant law, has no provision on subleases, assignment, or landlord consent to a sublet.
  • Where the lease is silent, a tenant may generally transfer the leasehold; where the lease prohibits or conditions it, that clause is enforceable.
  • Florida's residential tenancy law does not require a landlord to be reasonable or to respond within any number of days.
  • Under a sublease the original tenant remains fully liable to the landlord for rent and for damage caused by the subtenant.

Verify the current text in your state's landlord-tenant statutes.

Florida's residential landlord and tenant law is Part II of Chapter 83. Our record of that part finds four points that matter for a sublet:

  • No sublet section. No section we read covers subleases, assignment or landlord consent to a sublet.
  • A silent lease. Where the lease says nothing about subletting, a tenant may generally transfer the leasehold.
  • A lease that limits it. Where the lease bans subletting or sets conditions, that clause is enforceable.
  • Your liability. Under a sublease you stay fully liable to the landlord for rent and for damage your subtenant causes.

Subletting does not change your own place in the lease. You are still the tenant, so your deposit, repair and notice rights stay yours. Laws change, so check the current text of Chapter 83 before you rely on this.

What's Specific to Miami

Our record of Miami's rules finds nothing that adds to sublet consent. The city's short-term-rental and vacation-rental ordinances restrict transient renting but do not govern a landlord's answer to a sublet request.

The condo layer matters more. Many Miami rentals are individually owned units in Brickell, Edgewater and Downtown, where the association may screen every occupant and limit how often a unit can be re-rented. A landlord who says yes may not be able to deliver.

Does the lease allow subletting with written consent?

That gives you a path instead of a ban. Ask for consent not to be unreasonably withheld, since no section we read sets that standard.

Does it ban subletting outright, no exceptions?

Where a lease bans subletting, that clause is enforceable. Raise it before you sign, while you still have leverage.

Is there a deadline for the landlord's answer?

No section we read sets one. Ask for a written answer within a set number of days, with silence counting as approval.

Is the sublet fee left blank or open-ended?

No section we read caps a sublet fee. Ask for a fixed dollar amount written into the lease.

Red Flags to Watch Out For

  • Consent in the landlord's sole discretion

    No section we read sets a reasonableness test. A sole-discretion clause takes its meaning from the lease alone, so change it before you sign.

  • Unapproved sublet as instant default

    Some Miami leases treat any unapproved occupant as an immediate default with no chance to cure. One roommate swap can then become an eviction filing instead of a warning.

  • Guest limits used as a trap

    A clause capping guests at a few nights can turn a visiting partner into an unapproved subtenant. Get the allowed number of nights in writing.

  • A landlord's yes without the condo's

    In a condo, the association screens occupants separately from your landlord. Get its requirements before you promise anyone a move-in date.

  • An Airbnb listing of your unit

    Many Miami leases ban short-term rentals, many condo associations add minimum-stay rules, and city vacation-rental ordinances restrict transient renting. Listing anyway risks eviction and a city fine.

Your Rights as a Miami Tenant

  • Sublet when the lease is silent

    If your lease never mentions subletting, you may generally transfer the unit. Get the landlord's acknowledgment in writing anyway.

  • A written yes you can point to

    A signed approval naming your subtenant and the dates is your proof if the landlord later calls the same sublet a violation.

  • Keep your own tenant rights

    A sublease does not take your place in the lease. Your deposit, repair and notice rights stay yours for the full term.

  • Lease terms you negotiate

    The sublet paragraph is as negotiable as the rent. A reply date and a reasonableness standard cost nothing to ask for at signing.

What To Do - Step by Step

1

Find the sublet paragraph

Search your lease for "sublet", "assignment" and "occupant". That paragraph decides whether you need consent.

2

Ask in writing

Email your subtenant's name, the dates and the rent. With no deadline in the sections we read, a dated paper trail is how you apply pressure.

3

Follow up on silence

No section we read makes silence a yes. Resend in the same thread and keep every dated message.

4

Get the approval signed

A leasing agent's verbal yes is worth little. Ask for a sublease addendum naming your subtenant and the dates before keys change hands.

5

Ask for a release if refused

A plain sublet leaves you fully liable, so ask for a buyout or an assignment that releases you.

6

Check the text, then get advice

Read the current text of Chapter 83 before you rely on this page. Legal Services of Greater Miami can review the clause.

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Frequently Asked Questions

can my landlord say no to subletting in florida
Yes, if your subletting clause requires consent. No section we read in Florida's residential tenancy law requires a landlord to be reasonable or to answer by any date. Check what standard your clause sets, and ask for a reply date in writing.
can i airbnb my apartment in miami
Check your lease's subletting and short-term rental clauses first. Many Miami leases ban short-term rentals, and many condo associations add their own minimum-stay rules. Miami's vacation-rental ordinances also restrict transient renting.
am i still responsible if my subtenant doesnt pay rent
Yes. Your lease, subletting clause included, is between you and the landlord. Under a sublease you stay fully liable for the rent and for any damage your subtenant causes. Getting that money back from your subtenant is a separate fight.
what if my lease says nothing about subletting
Where a lease has no subletting clause, a Florida tenant may generally transfer the leasehold. Get the landlord's acknowledgment in writing anyway, and check the current text of Chapter 83 before you rely on this.

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Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general Florida and Miami law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in Florida for advice about your specific situation.