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Breaking a lease in Florida: the four choices section 83.595 gives you and who can leave for free

DoorKeeping team

4 min read

Florida organizes the whole topic around one list. When a tenant breaches, surrenders or abandons, Fla. Stat. 83.595 gives the landlord four options, from treating the lease as ended to charging an early termination fee capped at two months' rent. Servicemembers have a separate statutory exit in s. 83.682, and tenants can leave over serious repair failures under s. 83.56(1).

What are the four options in section 83.595?

They apply when the tenant breaches and you have a writ of possession, or the tenant has surrendered or abandoned the unit.

  1. Treat the agreement as ended and retake possession for yourself, which ends the tenant's further liability.
  2. Retake possession for the tenant's account and hold the tenant liable for the difference between the lease rent and what reletting brings. You must use good faith in trying to relet, meaning at least the same efforts as in the initial rental or as for other similar units, though you need not give this unit preference.
  3. Stand by and do nothing, holding the tenant liable for rent as it comes due.
  4. Charge liquidated damages or an early termination fee, if the lease and a separate addendum say so.

How does the early termination fee option work?

Four limits sit in 83.595(4). The amount may not exceed two months' rent. If it is an early termination fee, the tenant may be required to give no more than 60 days' notice. The tenant must have accepted it at signing by initialing a separate addendum in substantially the form the statute prints, and the addendum says the landlord waives additional rent beyond the month in which the landlord retakes possession. And it does not apply if the breach is failure to give the notice required by s. 83.575.

Under paragraph (a), you also keep the rent and charges accrued through the end of the month in which you retake possession, plus charges for damage.

Example a made-up Tampa lease at $1,800 a month has the signed addendum. The cap is 2 x $1,800 = $3,600. The tenant leaves and you retake possession on September 12. You may charge up to $3,600 as the fee, plus September rent of $1,800 and any damage charges, and may not seek rent for October onward.

Which servicemembers can leave early?

Section 83.682(1) lets a servicemember terminate by written notice effective at least 30 days after the landlord receives it if any of six conditions is met: permanent change of station orders 35 miles or more away; premature or involuntary discharge; release from active duty after leasing a unit 35 miles or more from the home of record; orders into government quarters; temporary duty or similar orders to an area 35 miles or more away for more than 60 days; or a change of orders before taking possession. The notice must come with the orders or a signed letter from the commanding officer (subsection 2). An adult family member can terminate if the servicemember dies on active duty (subsection 3).

The tenant owes rent prorated to the termination date and no other rent or damages (subsection 4), and if termination comes 14 or more days before occupancy, no damages or penalties of any kind. The section cannot be waived (subsection 5). The federal SCRA, 50 U.S.C. 3955, also applies.

Can a tenant leave over repairs?

Yes, after notice. Under s. 83.56(1), if the landlord materially fails to comply with s. 83.51(1) or material provisions of the lease within 7 days after the tenant delivers written notice that specifies the noncompliance and states an intention to terminate, the tenant may terminate. If the cause is outside the landlord's control and the landlord makes every reasonable effort, the parties may terminate or alter the agreement as the statute describes.

Does Florida have a domestic violence release?

I read the full text of Chapter 83 on the Florida Legislature's site and searched it for domestic violence and found no section that releases a tenant for domestic violence, so the lease and the options above govern.

How DoorKeeping helps in Florida

DoorKeeping keeps each lease's dates, notices and ledger in one place. When a tenant gives notice, you can ask Claude or ChatGPT to total what is owed through the end date and draft your reply, and nothing goes to the tenant until you approve it with one tap. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.

Sources

  1. Florida Statutes 83.595, Choice of remedies upon breach or early termination by tenant (Florida Legislature), read Oct 30, 2026
  2. Florida Statutes 83.682, Termination of rental agreement by a servicemember (Florida Legislature), read Oct 30, 2026
  3. Florida Statutes 83.56, Termination of rental agreement (Florida Legislature), read Oct 30, 2026
  4. 50 U.S. Code 3955, Termination of residential or motor vehicle leases (Cornell Legal Information Institute), read Oct 30, 2026

Questions

What is the maximum early termination fee in Florida?
Two months' rent, only if the tenant signed the separate addendum, and no more than 60 days' notice may be required (Fla. Stat. 83.595(4)).
Does a Florida landlord have to find a new tenant?
If you retake possession for the tenant's account under 83.595(2), yes: you must use good faith efforts to relet, and rent received comes off the balance.
How much notice must a Florida servicemember give?
Written notice effective at least 30 days after the landlord receives it, with orders or a commanding officer's letter (s. 83.682).

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