A getaway to Miami is the perfect cure for the winter blues. It’s got gorgeous beaches, palm trees swaying in the wind, exciting nightlife—what more could you want? It’s a hot (no pun intended) destination, so if you rent there, you may be considering subletting your space to some snowbirds looking to fly south for the winter.

But, you don’t want to break any rules doing so. Subleasing can be confusing to navigate, so that’s why

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is breaking what you’ll need to know before doing so.

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Is subletting legal in Miami?

It really boils down to what’s written in your lease. Florida law doesn’t mention subletting, so you’ll have to comb through the fine print in your lease agreement. Subleasing is not outright banned in the state of Florida, but that doesn’t mean it’s always allowed, either.

It’s pretty straightforward: your lease permits you to sublet? Great! You can go right ahead and start looking for a tenant. Or, if your lease does not mention subletting at all, you are still allowed to do so—no landlord permission is required.

If your lease says no subletting, it really means no subletting. Doing so illegally could land you in serious financial hot water and you could end up getting evicted for it.

It’s also possible that your lease will permit subletting only with your landlord’s approval. If that’s the case, you’ll have to abide by it. Without their approval, you’re technically not allowed to collect rent from your subtenant—which is the entire point!

Pro Tip These rules apply throughout the state of Florida: Orlando, Tallahassee, Fort Lauderdale, you name it.

Can my landlord reject my sublet tenant?

To reject your subtenant in the state of Florida, your landlord will need “reasonable” grounds to do so. Here, “reasonable” is really just code for “financially viable.” Meaning, your landlord can only reject your subtenant if they’re:

Financially unstable

Unable to pay rent

As long as you can find someone who can prove they can pay, you should be all set to begin subletting.

Pro Tip To get your landlord’s approval, it’s recommended that you send them a letter via certified mail. Most courts in Florida accept this as official proof of delivery in case it comes down to that.

How to sublet an apartment in Miami

Once you’ve taken a look over your lease and know that you can sublet, here’s what you’ll need to do next.

Find a subtenant

When looking for a subtenant in your Miami space, be sure to find someone who can reliably pay on time. You can ask around among your friends and family to refer someone to you.

Or, you can use the handy dandy internet! Social media is a great way to find a potential subtenant, as are websites like

Sublet.com

Flip.lease

. And hey, there’s always

Craigslist

We’re not your parents, but we’ve got to say it anyway: if you’re meeting a potential subletter from a website, make sure to meet up with them over Zoom or at a public coffee shop or something beforehand.

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Miami to Asheville road trip

Create a sublease agreement

Once you’ve found someone to find, the next step is to create a sublease agreement that contains the following information:

Subtenant’s beginning and end dates

Subtenant’s name and contact information, including their permanent address

Your reason for subletting, or in some cases, leaving their rented property

Your new address, if applicable

Your roommate’s written consent to the sublease, if applicable

This agreement should be dated and signed by both parties. And make copies, just in case anything gets misplaced!

Get your landlord’s approval, if needed

It may be strange that this step is last, but remember how Florida sublease law works. Your landlord’s rejection of your sublease must always be a “reasonable” financial decision on their part.

So, if you’ve found a great candidate who can prove they can pay, but your landlord still won’t budge on letting them sublease, you could technically sue your landlord to allow the sublease to go through.

Send a copy of your sublease agreement to your landlord. If they sign off on then voila! You’ve successfully subleased your rented space. But bear in mind, you are still on the hook for rent.

Pro Tip A landlord’s blanket decision to reject all subtenants is considered “unreasonable” under Florida state law.

How to find renters insurance

Even if you sublet your Miami room out to a New Englander looking for a mid-January tan, that space is still technically yours to insure and protect. And finding

renters insurance

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