Most Florida tenants who need to leave a lease early assume they are simply on the hook for the rest of the rent. Florida law is more structured than that. The Florida Residential Landlord and Tenant Act gives landlords a choice of how to handle an early departure, and that choice has to be presented to you in the lease itself before you sign. If it was not, the landlord cannot rely on it. Knowing which option your lease uses tells you exactly what an early exit will cost.
What is a Early Termination?
An early termination clause sets out what happens if a tenant moves out before the fixed term ends. Under Florida law a landlord may offer the tenant a liquidated damages or early termination fee option — a fixed, capped charge in exchange for walking away — but only if that option is set out in a separate addendum or provision and the tenant chooses it. If the lease contains no such option, or the tenant does not select it, the landlord falls back on ordinary damages and must take reasonable steps to re-rent the unit. The clause should make clear which path applies.
Red flags to watch for
Florida's early termination fee option is capped at two months' rent. A fee larger than that is not a valid liquidated damages clause under the statute.
If you validly chose the liquidated damages option, that fee is the limit — the landlord cannot also pursue the rest of the lease term.
Without a statutory liquidated damages provision, you are exposed to ordinary damages for the whole remaining term, subject only to the landlord's duty to mitigate.
Where the liquidated damages option does not apply, the landlord must make reasonable efforts to re-rent; a clause purporting to remove that duty is questionable.
The statute requires the tenant to be given the choice; an option buried in the lease body without an actual election may not be enforceable.
Servicemembers and certain victims of domestic violence have separate statutory exit rights; a lease that ignores them can mislead tenants about their options.
Your legal rights
Florida Statutes section 83.595 governs early termination of residential leases. It allows a landlord to include a liquidated damages or early termination fee option, but that fee cannot exceed two months' rent, and the tenant must actually be offered and choose the option. If the option does not apply, the landlord may sue for the remaining rent but must make reasonable efforts to re-rent the premises and credit what is recovered. Active-duty servicemembers have early termination rights under the federal Servicemembers Civil Relief Act and Florida Statutes section 83.682, and Florida law also gives certain domestic violence survivors a route to terminate early. The security deposit rules in section 83.49 still govern the return of your deposit.
Questions to ask before you sign
- 1Does this lease include a liquidated damages or early termination fee option, and is it presented as a separate choice for me to make?
- 2If I choose that option, what is the fee, and is it two months' rent or less?
- 3If there is no such option, will the landlord re-rent the unit and credit me what is recovered?
- 4Can the landlord charge both an early termination fee and the remaining rent — and is that lawful here?
- 5How much notice must I give to use any early termination provision?
- 6What are my rights if I am called to military service or am a victim of domestic violence?
- 7How and when will my security deposit be returned if I leave early?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.