Breaking a lease in Florida

If you are the tenant

• Tenant or landlord: Either the landlord or the tenant may end a month-to-month tenancy with written notice given at least 30 days before the end of any monthly period (Fla. Stat. 83.57(3), 30 days since 2023).

Written notice required: Yes. Notice must be written and delivered by mail, hand delivery, e-mail under 83.505, or by leaving a copy at the residence if the tenant is absent (Fla. Stat. 83.57 and 83.56(4)).

• week-to-week, both: 7 days, ending with a rental period. Either party may end a week-to-week tenancy with written notice given at least 7 days before the end of any weekly period (Fla. Stat. 83.57(4)).
• year-to-year, both: 60 days, ending with a rental period. Either party may end a year-to-year tenancy with written notice given at least 60 days before the end of any annual period (Fla. Stat. 83.57(1)).

If a tenant breaks a fixed-term lease and surrenders or abandons the unit, the landlord may (1) end the lease and retake the unit for itself, ending the tenant's liability; (2) re-rent for the tenant's account and hold the tenant liable for the shortfall; (3) stand by and collect rent as it comes due; or (4) charge an agreed early termination fee or liquidated damages of up to 2 months' rent (Fla. Stat. 83.595). A lease may require 30 to 60 days' notice before moving out at the end of the term (Fla. Stat. 83.575).

Landlord's duty to re-rent: No. No general duty. Under Fla. Stat. 83.595(3) the landlord may stand by and hold the tenant liable for rent as it comes due. Only if the landlord chooses to retake possession for the tenant's account (83.595(2)) must it use good faith to re-rent, and rent from the new tenant is credited to the old tenant.

Lease-break fees: An early termination fee or liquidated damages is allowed only if the tenant agreed by signing a separate addendum when the lease was made, the amount is no more than 2 months' rent, and (for an early termination fee) the tenant is required to give no more than 60 days' notice. The landlord may also collect rent through the end of the month it retakes possession, plus damage charges (Fla. Stat. 83.595(4)). For failing to give a lease's end-of-term notice, liquidated damages require a written reminder from the landlord (Fla. Stat. 83.575(2)).

• Military service (state law) (Fla. Stat. 83.682)

  A servicemember (including one on state active duty) may end a lease with written notice effective at least 30 days after the landlord receives it, for PCS orders 35+ miles away, discharge, move into government quarters, temporary or state active duty orders over 60 days 35+ miles away, and similar grounds; a family member may do so if the servicemember dies on active duty.

  Notice:

  30 days, in writing

  Proof:

  A copy of the official military orders or a written verification signed by the commanding officer.

  What you still owe:

  Rent prorated to the effective date of termination; no other rent or damages. No damages or penalties if the lease is ended 14 or more days before move-in.

• Unit unlivable or landlord fails to repair (Fla. Stat. 83.56(1))

  If the landlord materially fails to maintain the premises as required by 83.51(1) and does not fix it within 7 days after written notice, the tenant may end the lease.

  Notice:

  7 days, in writing

  Proof:

  Written notice to the landlord describing the problem and saying the tenant intends to end the lease.

  What you still owe:

  If the unit is untenantable and the tenant moves out, no rent is owed while it stays uninhabitable.

• Unit unlivable or landlord fails to repair (Fla. Stat. 83.63)

  If fire or other casualty substantially impairs enjoyment of the premises, the tenant may end the lease and move out immediately.

  Proof:

  None stated; the damage must not be caused by the tenant's wrongful or negligent acts.

  What you still owe:

  Tenant may vacate immediately; the landlord must handle the deposit under 83.49(3).

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Since 2023, Fla. Stat. 83.425 preempts local regulation of residential tenancies, including notice requirements, so cities and counties cannot set their own notice rules.
• If the rental agreement does not state a duration, the tenancy follows the rent period: monthly rent means month-to-month (Fla. Stat. 83.46(2)).
• A tenant who stays after the lease ends with the landlord's permission but without giving the 83.57(3) notice owes 1 additional month's rent (Fla. Stat. 83.575(3)).
• Florida has no state statute letting domestic violence victims end a private lease early.
• A quarter-to-quarter tenancy may be ended by either party with written notice at least 30 days before the end of any quarterly period (Fla. Stat. 83.57(2)).

• Write a Florida notice to vacate
• Florida security deposit law: getting your deposit back after you move

• Fla. Stat. 83.57 Retrieved October 13, 2026.
• Fla. Stat. 83.575 Retrieved October 13, 2026.
• Fla. Stat. 83.595 Retrieved October 13, 2026.
• Fla. Stat. 83.682 Retrieved October 13, 2026.
• Fla. Stat. 83.56 Retrieved October 13, 2026.
• Fla. Stat. 83.63 Retrieved October 13, 2026.
• Fla. Stat. 83.425 Retrieved October 13, 2026.
• Fla. Stat. 83.46 Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.