Breaking a Lease in Florida: What Tenants Owe and Landlord Options (2026)

Written by Jon C. Schmitt, Licensed Florida Real Estate Broker (BK645858) and Owner, True Patriot Property Management. Updated September 2026.

A new job out of state, a growing family, a military transfer. Plenty of tenants need to leave before the lease is up. Florida law spells out what happens next, and the rules are clearer than most owners and tenants expect. Here is how breaking a lease works in Florida, straight from the statutes.

The quick answer

In Florida, a tenant who breaks a lease is usually still responsible for rent. What they actually owe depends on the landlord’s choice under Section 83.595: end the lease, re-rent and charge the difference, collect rent as it comes due, or charge an agreed early termination fee of no more than 2 months’ rent. Servicemembers with qualifying orders can end a lease with 30 days’ written notice under Section 83.682.

The landlord’s 4 options when a tenant leaves early

When a tenant breaks the lease and moves out, abandons the unit, or is removed by a court order, Section 83.595 gives the landlord four choices:

Landlord option	What the tenant owes
1. End the lease and take the unit back for yourself	Nothing more after that point. The tenant’s future liability ends.
2. Take the unit back and re-rent it for the tenant’s account	The difference between the lease rent and what you collect from the new tenant. You must make a good faith effort to re-rent.
3. Stand by and do nothing	Rent as it comes due under the lease.
4. Charge the agreed early termination fee	The fee (no more than 2 months’ rent), plus rent through the end of the month you retake possession and any damage. Only if the tenant signed a separate addendum.

Option 2 comes with a real obligation. Florida defines good faith re-renting as using at least the same effort you used to rent the unit originally, or the same effort you use for similar units. You do not have to put it ahead of other vacant units you own or manage, but you cannot let it sit and bill the old tenant.

How the early termination fee works

The fee is the cleanest option for both sides, but only if it was set up correctly when the lease was signed. Under Section 83.595(4):

• The fee or liquidated damages cannot exceed 2 months’ rent.
• The lease can require no more than 60 days’ notice before the early move-out date.
• The tenant must accept it by signing a separate addendum to the lease, using language substantially like the form in the statute.
• The landlord can still collect rent through the end of the month they retake possession, plus the cost of any damage.

If the addendum is missing or was not signed, the fee option is off the table and you fall back to the other three remedies. This is one of the most common gaps we see in owner-written leases. Here is what should be in a Florida lease agreement.

When a tenant can leave without owing rent

Military service

Section 83.682 lets a servicemember end a lease with written notice that takes effect at least 30 days after the landlord receives it. Qualifying situations include:

• Permanent change of station orders to move 35 miles or more away
• Early or involuntary discharge or release from active duty
• Orders to move into government quarters
• Temporary duty or state active duty orders for more than 60 days to an area 35 miles or more away
• A change of orders before moving in, to an area 35 miles or more away

The notice must include a copy of the orders or a letter signed by the commanding officer. The tenant owes rent prorated to the termination date and nothing more, and if they end the lease 14 or more days before moving in, no damages can be charged at all. This right cannot be waived in the lease.

The landlord fails to maintain the unit

Under Section 83.56(1), if the landlord materially fails to meet the maintenance duties in Section 83.51(1) or material terms of the lease, the tenant can deliver written notice describing the problem and their intent to terminate. If it is not fixed within 7 days, the tenant may terminate the lease. This is a serious step for a tenant, and it is one more reason to handle repair requests quickly and in writing.

Notice the tenant should give

Unless the lease says otherwise, Section 83.49(5) requires a tenant moving out before the lease ends to give at least 7 days’ written notice by certified mail or personal delivery, including a forwarding address. If they do not, the landlord is relieved of the normal deposit notice requirement, though the tenant keeps any right they have to the deposit itself. Many leases require more notice, especially when an early termination fee is involved.

What owners should do when a tenant wants out

1. Read the lease first. Check for an early termination addendum, notice requirements, and any sublet or assignment rules.
2. Get it in writing. Ask the tenant for a written notice with their move-out date and forwarding address.
3. Choose your remedy on purpose. The right option depends on how fast the unit will re-rent. In a strong market, re-renting quickly and charging the difference is often the better deal.
4. Re-list right away. A lower price that rents in two weeks usually beats a higher price that sits for two months. If you are not sure what the unit should rent for now, schedule a free market evaluation.
5. Do the move-out inspection and deposit notice on time. The 30-day deadline for a deposit claim still applies. See our guide to Florida security deposit laws.

Frequently asked questions

Can you break a lease in Florida?

Yes, but it usually costs money. Unless the tenant qualifies for a legal exception, like the military rule, the tenant stays responsible for rent under the lease. How much they owe depends on which remedy the landlord chooses under Section 83.595 and whether the lease includes an early termination fee.

How much is the early termination fee in Florida?

Florida caps an agreed early termination fee or liquidated damages at 2 months’ rent. The landlord can require no more than 60 days’ notice, and the tenant must have signed a separate addendum accepting the fee when the lease was made.

Does a Florida landlord have to re-rent the unit?

Only if the landlord chooses to retake the unit for the tenant’s account and hold the tenant responsible for the difference. In that case, the landlord must make a good faith effort to re-rent, meaning at least the same effort used to rent it the first time.

Can military members break a lease in Florida?

Yes. Under Section 83.682, a servicemember can end a lease with at least 30 days’ written notice in qualifying situations, such as permanent change of station orders 35 miles or more away, with a copy of the orders or a commanding officer’s letter. The tenant owes only prorated rent to the termination date.

How much notice does a tenant have to give before moving out early?

Unless the lease says otherwise, Section 83.49(5) requires at least 7 days’ written notice by certified mail or personal delivery, including a forwarding address. The lease may require more, such as 60 days for an early termination fee.

The bottom line

Breaking a lease in Florida is rarely free, but the cost is predictable. Landlords choose among four remedies under Section 83.595, an agreed early termination fee is capped at 2 months’ rent with a signed addendum, and servicemembers with qualifying orders can leave with 30 days’ notice. For owners, the biggest money saver is a well-drafted lease and a fast re-list. For more of the rules that matter, see our Florida landlord tenant law cheat sheet, when a landlord can enter without notice, and the hidden costs of self-managing.

This article summarizes Sections 83.49, 83.56, 83.595, and 83.682, Florida Statutes (2026), and is general information, not legal advice. For your specific situation, consult a Florida attorney.