Florida military lease termination: state active duty counts, 30 days' notice, prorated rent only
Section 83.682 of the Florida Statutes lets a servicemember end a rental agreement with written notice that takes effect at least 30 days after the landlord receives it. Several triggers include state active duty, which the federal rule does not. The tenant owes prorated rent and nothing else for the early exit, and the owner cannot waive these terms in the lease.
When can a Florida servicemember end the lease?
Subsection (1) lists six situations. The notice must be written, and it must state an effective date at least 30 days after the landlord receives it.
- Permanent change of station orders that require a move of 35 miles or more from the rental.
- Premature or involuntary discharge or release from active duty or state active duty.
- Release from active duty or state active duty after leasing the unit while in that status, when the unit is 35 miles or more from the home of record before entering duty.
- Orders to move into government quarters, or becoming eligible to live there and choosing to move. The statute counts privatized military housing as government quarters.
- Temporary duty, temporary change of station or state active duty orders to an area 35 miles or more away, for a period exceeding 60 days.
- The servicemember leased the unit but, before taking possession, receives a change of orders to an area 35 miles or more away.
The words "state active duty" matter to a Florida owner. A Florida National Guard member called up by the state can use the discharge, release and temporary orders triggers here, even though the federal lease rule is built around federal military service.
What must come with the notice?
The notice has to be accompanied by a copy of the official military orders or a written verification signed by the servicemember's commanding officer. If a servicemember dies during active duty, an adult member of the immediate family can end the agreement with the same 30-day notice. That notice needs the orders showing active duty, or a commanding officer's verification, plus a copy of the death certificate.
What does the tenant owe, and what can the owner keep?
Subsection (4) sets two rules. First, the tenant owes the rent due under the agreement, prorated to the effective date of the termination, paid when the lease would have required it. The tenant owes no other rent or damages because of the early end. Second, if the tenant ends the agreement 14 or more days before occupancy, no damages or penalties of any kind can be assessed.
Example a made-up tenant in Jacksonville pays $1,800 on the 1st. Written notice arrives on the 10th with an effective date of the 20th of the same month. The owner prorates $1,800 over a 30-day month, so 20 days is $1,200, and no early termination fee applies.
The section does not mention the security deposit. The ordinary deposit rules apply to damage and unpaid charges, but an early termination fee is not one the statute lets you add.
Can the lease say something different?
No. Subsection (5) says these provisions may not be waived or modified by the parties' agreement under any circumstances. A lease clause that charges a reletting fee, requires more notice or removes the right for military tenants will not hold for a covered tenant. Review your Florida lease template and make sure it does not promise a fee the statute forbids.
How DoorKeeping fits in Florida
DoorKeeping keeps the written notice, the orders and the effective date with the lease, and a proration worked out from the ledger can wait in your approvals queue before any charge or refund goes out. This is general information, not legal advice. Check the current statute and your lease, and ask your own advisor about a specific tenant.
Sources
Questions
- Does Florida cover the National Guard on state active duty?
- Section 83.682(1) refers to release from active duty or state active duty and to state active duty orders, so a servicemember in that status can use those triggers.
- What rent does a Florida military tenant owe after ending the lease?
- Rent prorated to the effective date of termination, and no other rent or damages for the early end, under 83.682(4).
- Can a Florida landlord waive or change these rights in the lease?
- No. Subsection (5) says the parties cannot waive or modify them by agreement.