Fla. Stat. § 83.40 et seq. § 83.595
Choice of remedies upon breach or early termination by tenant.
Operative Text
If the tenant breaches the rental agreement for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may: (1) Treat the rental agreement as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant; (2) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord is able to recover from a reletting. If the landlord retakes possession, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the tenant. For purposes of this subsection, the term “good faith in attempting to relet the premises” means that the landlord uses at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent; (3) Stand by and do nothing, holding the lessee liable for the rent as it comes due; or (4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days’ notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form: ☐ I agree, as provided in the rental agreement, to pay $ (an amount that does not exceed 2 months’ rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. ☐ I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law. (a) In addition to liquidated damages or an early termination fee, the landlord is entitled to the rent and other charges accrued through the end of the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit. (b) This subsection does not apply if the breach is failure to give notice as provided in s. 83.575.
Florida Statute § 83.595 outlines the options available to a landlord when a tenant breaches a rental agreement and possession of the unit has been obtained, surrendered, or abandoned. The landlord may end the tenancy entirely, re-rent the unit on the tenant's behalf while pursuing the rent difference, do nothing and collect rent as it comes due, or — if both parties agreed in writing at lease signing — collect a pre-set liquidated damages amount or early termination fee capped at two months' rent. When re-renting on the tenant's behalf, the landlord is legally required to make good-faith efforts to find a new tenant, using at least the same level of effort applied when originally renting the unit or renting comparable units.
Plain English — not legal advice.
Under Fla. Stat. § 83.595, compliant operators typically document which remedy they are electing promptly after a breach, surrender, or abandonment occurs, since the choice affects ongoing obligations and liability calculations. Landlords who choose to re-let on the tenant's account are expected to apply genuine, demonstrable efforts to find a replacement tenant — comparable to the efforts used when originally marketing the unit — and to credit any rent received from a new tenant against the departing tenant's balance. Landlords who wish to rely on a liquidated damages or early termination fee provision ensure that a separate, properly signed addendum was included at the time the original rental agreement was executed, and that the agreed amount does not exceed two months' rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 83.595 defines the limits of what a landlord can pursue after a tenant leaves early or breaches the lease, which means tenants have grounds to challenge claims that exceed those boundaries — for example, if a landlord fails to make good-faith efforts to re-rent the unit but still seeks the full remaining rent. If a landlord is claiming a liquidated damages or early termination fee, tenants can review whether a separate signed addendum was part of the original lease and whether the amount claimed stays within the two-months'-rent cap established by this statute. Tenants who believe a landlord's remedy claim does not comply with § 83.595 may wish to consult a tenant-rights organization or legal aid office to understand the range of options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation