Leaving A Lease Early
Fla. Stat. 83.595 — an early termination fee capped at 2 months' rent, if the tenant signed for it
When a Florida tenant breaches and the landlord has a writ of possession, or the tenant surrenders or abandons the unit, the landlord may:
- End the agreement and retake the unit for the landlord's own account, ending the tenant's liability.
- Retake it for the tenant's account and relet it in good faith, holding the tenant liable only for the difference.
- Do nothing and hold the tenant liable for rent as it comes due.
- Charge liquidated damages or an early termination fee, if agreed.
Not more than 2 months' rent. The fee option works only if the tenant signed a separate addendum accepting it when the lease was made, the amount does not exceed 2 months' rent, and the notice required is no more than 60 days. The landlord also collects rent through the month it retakes the unit, and damages.
A servicemember may end a lease on written notice effective at least 30 days after the landlord receives it, among other cases when orders move them 35 miles or more away, when they are discharged early, or when temporary duty orders for more than 60 days send them 35 miles or more away.
Sources for this section (2)
- Fla. Stat. 83.595 — Choice of remedies upon breach or early termination by tenant
- Fla. Stat. 83.682 — Termination of rental agreement by a servicemember
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.