Florida Subletting, Lease Endings & Tenant Death
Florida rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Florida has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. Fla. Stat. ch. 83, part II (reviewed)
The rules in Florida
| Subletting | Florida has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. Reviewed Florida Statutes chapter 83, part II (Florida Residential Landlord and Tenant Act) on 2026-10-28; no provision found. |
|---|---|
| When the lease ends | A fixed-term lease may require the tenant to give notice before moving out at the end of the term only if it also requires the landlord to tell the tenant within that period if the lease will not be renewed; the notice period may be no less than 30 and no more than 60 days. Liquidated damages for a tenant's missing notice require the landlord to send written notice of the obligation within 15 days before the notice period starts. A tenant who stays with the landlord's permission and does not give the required notice owes 1 extra month's rent. A tenant who stays without permission (holdover) can be evicted, and the landlord can recover double rent for the holdover period. Source: Fla. Stat. §§ 83.575, 83.58 |
| If a tenant dies | Florida's landlord-tenant law does not end a lease automatically when a tenant dies. A landlord may recover possession without an eviction when the last remaining tenant has died, personal property remains, rent is unpaid, at least 60 days have passed since the death, and the landlord has not been told in writing of a probate estate or the name and address of a personal representative. After that, the landlord may remove the deceased tenant's belongings; if the lease contains the required printed legend, the landlord is not responsible for storing or disposing of them. The 60-day rule does not apply to federally administered or regulated housing (such as Section 8). |
Florida vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Florida | Florida has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. Fla. Stat. ch. 83, part II (reviewed) | A fixed-term lease may require the tenant to give notice before moving out at the end of the term only if it also requires the landlord to tell the tenant within that period if the lease will not be renewed; the notice period may be no less than 30 and no more than 60 days. Liquidated damages for a tenant's missing notice require the landlord to send written notice of the obligation within 15 days before the notice period starts. A tenant who stays with the landlord's permission and does not give the required notice owes 1 extra month's rent. A tenant who stays without permission (holdover) can be evicted, and the landlord can recover double rent for the holdover period. Fla. Stat. §§ 83.575, 83.58 | Florida's landlord-tenant law does not end a lease automatically when a tenant dies. A landlord may recover possession without an eviction when the last remaining tenant has died, personal property remains, rent is unpaid, at least 60 days have passed since the death, and the landlord has not been told in writing of a probate estate or the name and address of a personal representative. After that, the landlord may remove the deceased tenant's belongings; if the lease contains the required printed legend, the landlord is not responsible for storing or disposing of them. Fla. Stat. §§ 83.59(3)(d), 83.67(5) |
| Alabama | Alabama's Uniform Residential Landlord and Tenant Act has no section setting a rule on whether a tenant may sublet or assign the lease or on landlord consent. Ala. Code tit. 35, ch. 9A (reviewed) | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession, and if the holdover is willful and not in good faith the landlord may also recover the greater of up to three months' periodic rent or actual damages, plus reasonable attorney's fees. If the landlord agrees to the tenant staying, the tenancy becomes week-to-week (weekly rent) or month-to-month (all other cases). A month-to-month tenancy ends with at least 30 days' written notice before the rental date named in the notice; week-to-week needs 7 days. The act has no section on automatic-renewal clauses. Ala. Code §§ 35-9A-441, 35-9A-161(d) | Alabama's Uniform Residential Landlord and Tenant Act has no section on what happens to a lease, the deposit, or belongings when a tenant dies. Ala. Code tit. 35, ch. 9A (reviewed) |
| Georgia | A Georgia tenant holds only a right to use the property (a usufruct), which may not be conveyed without the landlord's consent. Georgia's official handbook says the lease determines whether a tenant may sublet, and that subletting often requires the landlord's permission. The original tenant stays responsible to the landlord for rent and for damage caused by the subtenant. O.C.G.A. § 44-7-1(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 14 | At the end of a lease, it renews, extends or ends as the lease says; a lease can contain automatic extension language that renews it unless the tenant gives notice of leaving. If the lease expires and the landlord keeps accepting monthly rent without a new lease, a tenancy at will is created on the old lease terms. A tenancy at will ends with 60 days' notice from the landlord or 30 days' notice from the tenant. A tenant who stays past the end of the term can be removed through a court dispossessory proceeding. O.C.G.A. §§ 44-7-6, 44-7-7, 44-7-50(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 14-15 | Not verified yet |
City rules that may add to state law
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Florida Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Florida?
Florida has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. (Fla. Stat. ch. 83, part II (reviewed))
What happens when my lease ends in Florida?
A fixed-term lease may require the tenant to give notice before moving out at the end of the term only if it also requires the landlord to tell the tenant within that period if the lease will not be renewed; the notice period may be no less than 30 and no more than 60 days. Liquidated damages for a tenant's missing notice require the landlord to send written notice of the obligation within 15 days before the notice period starts. A tenant who stays with the landlord's permission and does not give the required notice owes 1 extra month's rent. A tenant who stays without permission (holdover) can be evicted, and the landlord can recover double rent for the holdover period. (Fla. Stat. §§ 83.575, 83.58)
What happens to a lease when a tenant dies in Florida?
Florida's landlord-tenant law does not end a lease automatically when a tenant dies. A landlord may recover possession without an eviction when the last remaining tenant has died, personal property remains, rent is unpaid, at least 60 days have passed since the death, and the landlord has not been told in writing of a probate estate or the name and address of a personal representative. After that, the landlord may remove the deceased tenant's belongings; if the lease contains the required printed legend, the landlord is not responsible for storing or disposing of them. (Fla. Stat. §§ 83.59(3)(d), 83.67(5))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.