General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A service member with qualifying orders, such as a permanent change of station 35 miles or more away, can end a lease with written notice effective at least 30 days after the landlord receives it, plus a copy of the orders.
- If the landlord does not fix a serious failure to maintain the home within 7 days after written notice, the tenant may end the lease.
- When a tenant leaves early, the landlord may end the lease and retake the unit, re-rent it for the tenant's account and hold them liable for the difference, wait and collect rent as it comes due, or use an agreed early termination fee of up to two months of rent.
- A month-to-month tenancy ends with written notice given at least 30 days before the end of a monthly period, by either side.
A Florida tenant who leaves early usually remains liable under the lease, and the landlord can choose among several remedies set out in the statute. Service members with qualifying orders can end a lease with 30 days of written notice.
Florida breaking a lease at a glance
| Rule | Florida | Law |
|---|---|---|
| Military service | A service member with qualifying orders, such as a permanent change of station 35 miles or more away, can end a lease with written notice effective at least 30 days after the landlord receives it, plus a copy of the orders. | Florida Statutes section 83.682 and Servicemembers Civil Relief Act |
| Unlivable conditions | If the landlord does not fix a serious failure to maintain the home within 7 days after written notice, the tenant may end the lease. | Florida Statutes section 83.56(1) |
| Landlord duty to re-rent | When a tenant leaves early, the landlord may end the lease and retake the unit, re-rent it for the tenant's account and hold them liable for the difference, wait and collect rent as it comes due, or use an agreed early termination fee of up to two months of rent. | Florida Statutes section 83.595 |
| Month-to-month notice | A month-to-month tenancy ends with written notice given at least 30 days before the end of a monthly period, by either side. | Florida Statutes section 83.57 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A service member with qualifying orders, such as a permanent change of station 35 miles or more away, can end a lease with written notice effective at least 30 days after the landlord receives it, plus a copy of the orders. (Florida Statutes section 83.682 and Servicemembers Civil Relief Act)
Unlivable conditions
Unlivable conditions. If the landlord does not fix a serious failure to maintain the home within 7 days after written notice, the tenant may end the lease. (Florida Statutes section 83.56(1))
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. When a tenant leaves early, the landlord may end the lease and retake the unit, re-rent it for the tenant's account and hold them liable for the difference, wait and collect rent as it comes due, or use an agreed early termination fee of up to two months of rent. (Florida Statutes section 83.595)
Month-to-month tenancies
Month-to-month notice. A month-to-month tenancy ends with written notice given at least 30 days before the end of a monthly period, by either side. (Florida Statutes section 83.57)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Florida rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Florida attorney about your situation.
Laws named on this page
- Florida Statutes section 83.682 and Servicemembers Civil Relief Act
- Florida Statutes section 83.56(1)
- Florida Statutes section 83.595
- Florida Statutes section 83.57
Official sources
Florida forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
Can a service member break a lease in Florida?
A service member with qualifying orders, such as a permanent change of station 35 miles or more away, can end a lease with written notice effective at least 30 days after the landlord receives it, plus a copy of the orders. Source: Florida Statutes section 83.682 and Servicemembers Civil Relief Act.
Does a Florida landlord have to re-rent the unit?
When a tenant leaves early, the landlord may end the lease and retake the unit, re-rent it for the tenant's account and hold them liable for the difference, wait and collect rent as it comes due, or use an agreed early termination fee of up to two months of rent. Source: Florida Statutes section 83.595.
How much notice ends a month-to-month tenancy in Florida?
A month-to-month tenancy ends with written notice given at least 30 days before the end of a monthly period, by either side. Source: Florida Statutes section 83.57.