How to Break a Lease in Florida: Legal Options and Consequences
- José R. Hernández
- Oct 30
- 5 min read
A lease agreement is a legally binding contract, but life is unpredictable. Job transfers, military orders, or personal safety concerns may require a tenant to move before the lease term ends. For both landlords and tenants in Florida, understanding the legal pathways to terminate a lease early is crucial for protecting financial interests and ensuring compliance with state law.
An improper lease termination can expose a tenant to significant financial liability and harm their rental history. For landlords, mishandling the situation can lead to lost income and legal disputes. This guide details the lawful options and potential consequences of breaking a lease in Florida, providing a clear roadmap for navigating this complex process in 2025.
Justifiable Reasons to Break a Lease in Florida
Florida law provides a few specific scenarios in which a tenant can legally terminate a lease without penalty. Outside of these situations, breaking a lease often involves negotiation and potential costs.
1. The Lease Contains an Early Termination Clause
Many professionally drafted leases include an "early termination" or "liquidated damages" clause. This provision offers a pre-agreed-upon way for a tenant to end the lease early.
How It Works: The clause typically requires the tenant to pay a set fee, often equivalent to one or two months' rent, in exchange for being released from the remainder of the lease obligations.
Required Notice: The tenant must usually provide written notice of their intent to use this option, often 30 to 60 days in advance.
Documentation: Landlords should require a formal written notice from the tenant that explicitly references the early termination clause. This creates a clear paper trail confirming that both parties agree to the terms.
Sample Clause Language:"Tenant may terminate this lease before its end date by providing Landlord with a 60-day written notice and paying an early termination fee equal to two (2) months' rent. This fee is due at the time the notice is provided."
2. Active-Duty Military Orders
Both federal and state laws protect service members who are required to relocate. The Servicemembers Civil Relief Act (SCRA) is a federal law that allows active-duty military personnel to terminate a residential lease if they receive orders for a permanent change of station (PCS) or are deployed for 90 days or more.
Eligibility: This protection applies to members of the armed forces, the commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), the commissioned corps of the Public Health Service, and the National Guard.
Notice Requirements: The tenant must provide the landlord with written notice of their intent to terminate the lease.
Documentation: The notice must be accompanied by a copy of the official military orders.
Effective Date: Termination becomes effective 30 days after the next rent payment is due. For example, if notice is given on October 15th and rent is due on the 1st of each month, the lease terminates on November 30th.
3. The Property Is Uninhabitable
Landlords in Florida have a legal duty to maintain a safe and habitable rental property. If the landlord fails to make necessary repairs to major systems (such as plumbing, electrical, or heating) or to address issues that make the unit unlivable (such as a severe pest infestation), the tenant may have grounds to terminate the lease. This is often referred to as "constructive eviction." However, the tenant must follow a strict legal process, which includes providing the landlord with formal written notice and an opportunity to fix the problem.
Negotiated Options for Early Termination
If a situation doesn't fall under a legally protected category, a tenant's best option is often to negotiate directly with the landlord.
Job Relocation and Medical Hardship
Neither a job transfer nor a medical issue provides an automatic legal right to break a lease in Florida. However, many landlords are willing to work with tenants in these situations.
Negotiation Tips for Tenants:
Provide as much advance notice as possible.
Offer to help find a qualified replacement tenant.
Be prepared to cover the landlord's costs for re-renting the unit.
Subleasing and Assignment
Sublease: The original tenant finds a new tenant (the sublessee) to move in and pay rent, but the original tenant remains legally responsible for the lease.
Assignment: The original tenant transfers their rights and responsibilities under the lease to a new tenant.
In Florida, a tenant's right to sublease or assign is determined entirely by the lease agreement. If the lease prohibits it, the tenant cannot do so without the landlord's consent. If the lease allows it, the landlord typically reserves the right to screen and approve the new tenant.
The Landlord's Duty to Mitigate Damages
If a tenant breaks their lease without legal justification, Florida Statute § 83.595 requires the landlord to make a reasonable effort to re-rent the property. This is known as the "duty to mitigate damages." The landlord cannot simply let the property sit vacant and sue the tenant for all remaining rent. They must actively market the unit to find a replacement tenant. The original tenant is typically responsible for rent until a new tenant is found, as well as any advertising or re-letting costs.
Consequences of Improperly Breaking a Lease
Abandoning a property without following legal procedures or obtaining the landlord's consent can lead to serious consequences for a tenant:
Financial Liability: The landlord can sue for unpaid rent, re-letting fees, and damages.
Damaged Credit Score: A judgment against the tenant will negatively impact their credit score.
Difficulty Renting in the Future: An eviction or judgment on a tenant's record can make it very difficult to secure future housing.
Forfeiture of Security Deposit: The landlord can use the security deposit to cover unpaid rent and damages.
Checklists for a Smooth Lease Termination
Tenant Checklist:
Review the lease for an early termination clause.
Determine if your situation qualifies for legal protection.
Gather necessary documentation.
Provide your landlord with formal written notice within the required timeframe.
Communicate openly with your landlord about your plans.
Cooperate with showings to help find a new tenant.
Conduct a move-out inspection with the landlord and document the property's condition.
Return all keys and provide a forwarding address in writing.
Landlord Checklist:
Review the lease to confirm the tenant's rights and obligations.
Confirm receipt of the tenant's written notice and documentation.
Begin marketing the property immediately to mitigate damages.
Screen any potential replacement tenants thoroughly.
Follow Florida's security deposit laws for handling any deductions and returning the balance.
Document all communication, expenses, and actions taken.
Secure Your Investment with Expert Guidance
Navigating a lease termination requires careful attention to legal details to protect all parties involved. Whether you are a tenant facing an unexpected move or a landlord managing your investment, understanding Florida law is the first step toward a successful resolution.
These situations can be complex and emotionally charged. An expert property manager can provide the professional guidance needed to handle lease terminations lawfully, minimizing conflict and financial risk.
If you have questions about lease terminations or need assistance managing your rental portfolio, contact Don Asher Management. Our team of experts is here to help you navigate these challenges with confidence and clarity.
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At Don Asher Management, we've proudly served the Central Florida community for over 70 years. As a locally owned company with a strong understanding of the local market, we've cultivated strong relationships with regional and national contractors to deliver top-quality services. We're dedicated to meeting your property and HOA management needs with a personalized touch, combining our decades of experience and commitment to detail to provide unmatched service. We're confident in our ability to deliver exceptional services tailored just for you. Choose Don Asher Management—where personalized attention meets professional service.
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