If you’re a landlord in Orlando, it’s only a matter of time before one of your tenants asks a tricky question:
“Can I sub-lease my rental unit?”
Sub-leasing — when a tenant rents out part or all of their leased space to another person — is common in bustling rental markets like Orlando. It often comes up when tenants relocate temporarily, face financial strain, or want to share living expenses.
But as a property owner, allowing a sub-lease comes with both risks and responsibilities. Before saying yes or no, it’s essential to understand your legal rights, the potential impact on your investment, and how to protect your property.
🏠 Want to avoid sub-leasing headaches altogether?
Download our Free Orlando Landlord’s Guide to Tenant and learn proven strategies to protect your rental property, screen tenants effectively, and maintain smooth rental operations.
1. What Does “Sub-Leasing” Mean in Orlando?
A sub-lease happens when a tenant rents out their leased home—or a portion of it—to another individual (called a sub-tenant). This new person lives in the property and pays rent, usually to the original tenant, who continues to hold the main lease with the landlord.
In Orlando, sub-leasing arrangements are common in multi-bedroom rentals, condos, or student housing near UCF or downtown districts, where renters often share costs.
However, landlords must tread carefully.
While a sub-lease can seem harmless, it introduces a third party—someone you didn’t screen—into your property. That’s why it’s crucial to know how Florida law handles this situation.
💡 Pro Tip: Most standard Florida lease agreements include a clause that either allows or prohibits sub-leasing. Always review your lease before making a decision.
📘 Download our Free Orlando Landlord’s Guide for a sample lease clause addressing sub-leasing permissions and restrictions.
2. Is Sub-Leasing Legal in Orlando?
Yes — sub-leasing is legal in Orlando, but only if it’s not explicitly prohibited in the rental agreement.
Under Florida law, tenants can sublet their rental only if:
- The lease agreement doesn’t forbid it, or
- The landlord provides written consent.
If the lease clearly states “no sub-leasing without landlord approval,” and your tenant sub-leases without permission, it’s considered a lease violation — giving you legal grounds for eviction.
Important Legal Considerations:
- Always require written consent for any sub-lease.
- Ask to review and approve the sub-tenant’s application, ID, and rental history.
- Request a copy of the sub-lease agreement for your records.
💡 Pro Tip: If you allow sub-leasing, make sure the sub-tenant signs an addendum acknowledging your property rules and liability policies.
📄 Want a legally compliant sub-lease template? Get it free in our Orlando Landlord’s Guide to Tenant Management.
3. Pros and Cons of Allowing a Sub-Lease
Before deciding whether to approve a tenant’s request, weigh the potential benefits and drawbacks.
✅ Potential Advantages
- Avoid vacancies: If your tenant temporarily relocates (for work or school), sub-leasing keeps rent flowing.
- Shared responsibility: Multiple occupants might reduce the risk of unpaid rent.
- Goodwill with tenants: Being flexible can improve tenant relationships and reputation.
⚠️ Potential Risks
- Unscreened occupants: You have limited control over who lives in your rental.
- Property damage: The sub-tenant may not treat the property with care.
- Legal liability: If the sub-tenant violates lease terms, you may still need to deal with the original tenant.
Get Your Orlando Landlord’s Guide to Evicting Tenants!
Download our comprehensive guide, Orlando Landlord’s Guide to Evicting Tenants, and gain: and gain
✅ Step-by-step instructions
✅ Links to essential forms and resources
✅ Pro tips for a smooth property sale
✅ Clear timelines and next steps
4. How to Handle a Sub-Lease Request Step-by-Step
When your Orlando tenants ask to sub-lease, it’s important to respond professionally and consistently. Here’s how to handle it the right way:
Step 1: Review the Lease Agreement
Start by checking whether sub-leasing is allowed. Most leases have a clause that either:
- Prohibits sub-leasing entirely, or
- Allows it with written permission.
If your lease doesn’t mention it, Florida law defaults in favor of landlord consent.
Step 2: Request Written Notice
Ask your tenant to submit a formal sub-lease request, including:
- The sub-tenant’s name and contact details
- Duration of the proposed sub-lease
- Reason for the sub-lease
- Sub-tenant’s background (employment, references, etc.)
Step 3: Screen the Sub-Tenant
Treat the sub-tenant as you would any new renter. Conduct background checks, verify employment, and confirm rental history.
Step 4: Sign a Sub-Lease Addendum
Once approved, create a written sub-lease addendum that outlines:
- Both tenants’ responsibilities
- Your rights as the landlord
- Who pays rent and maintains the property
Step 5: Keep Communication Clear
Ensure your original tenant understands that they remain fully responsible for rent, damages, and rule compliance — even while someone else occupies the space.
💡 Pro Tip: Use email or written correspondence to document all communications in case of future disputes.
📘 Download our Free Orlando Landlord’s Guide for a detailed sub-leasing request form and step-by-step approval checklist.
5. When to Say “No” to a Sub-Lease
There are situations where it’s better to deny a tenant’s sub-lease request — even if it’s allowed by the lease.
🚫 When to Decline:
- The sub-tenant fails your background check.
- The property is already near occupancy limits.
- The tenant has a history of late rent or violations.
- The proposed sub-lease is longer than the original lease term.
- The sub-tenant plans to use the space for short-term rentals (Airbnb, etc.), which may violate city ordinances or HOA rules.
📊 Not sure if estate taxes apply to you? Our free guide can clarify things. Download your copy today!
6. How to Protect Your Property During a Sub-Lease
If you decide to allow sub-leasing, there are ways to reduce risk and protect your investment:
- Conduct property inspections every 3–6 months.
- Require renter’s insurance from both the tenant and sub-tenant.
- Collect a higher security deposit if legally permitted.
- Include a damage liability clause in the sub-lease.
- Keep open communication with both parties to ensure compliance.
💡 Make it easier! Our guide walks you through the entire process with simple steps. Get your free guide now!
7. Alternatives to Sub-Leasing
If you’re uncomfortable with sub-leasing but your tenant needs flexibility, consider these alternatives:
Option 1: Lease Assignment
In this setup, the original tenant transfers the lease entirely to another renter (with your approval), ending their obligation. It’s cleaner than a sub-lease since only one tenant remains responsible.
Option 2: Early Lease Termination
Allow your tenant to break the lease early (with proper notice and fees) so you can find a new tenant directly.
Option 3: Month-to-Month Renewal
Switch to a short-term rental structure, giving both parties flexibility without long-term commitments.
📄 Download our Free Orlando Landlord’s Guide to explore all legal alternatives to sub-leasing.
Final Thoughts: Managing Sub-Leasing in Orlando the Right Way
Sub-leasing can work — but only when handled with clear communication, strong documentation, and proper screening. As a landlord in Orlando, it’s up to you to decide whether it aligns with your property goals and comfort level.
If managed properly, sub-leasing can prevent vacancies and maintain rental income. But without oversight, it can lead to unauthorized occupants, damaged property, or unpaid rent.
Before making a decision, review your lease, consult an attorney, and establish clear rules for your tenants. The goal is to protect your investment while maintaining a professional, fair relationship with your renters.
📞 Need help managing sub-leases or problem tenants?
Download your Free Orlando Landlord’s Guide to Tenant Management — your complete resource for avoiding costly mistakes, screening tenants, and protecting your rental property.