Breaking a lease in Florida isn’t always straightforward, but state and federal law give tenants clear rights to end an agreement under certain conditions. This guide outlines those legal protections, the potential risks, and the steps tenants and landlords should follow to protect their interests.
Legal Reasons to Break a Lease Early in Florida
In Florida, some situations allow landlords or tenants to end a lease agreement before its scheduled expiration date. These include:
1. Active Duty Military
Tenants called to active military service can end their lease early. This federal law applies when service members get orders for deployment or a permanent change of station. The protection starts the day active duty begins and lasts for 30 to 90 days after discharge.
To qualify, the tenant must serve more than 30 days on active duty in the military, Reserve, or National Guard, or as an officer in the Public Health Service or NOAA, with PCS or deployment orders issued before signing the lease.
The tenant must give the landlord written notice and supporting documents. Termination does not happen immediately, however. Once notice is delivered, the lease ends no sooner than 30 days after the next rent due date, allowing both sides time to adjust.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Violence, Dating Violence, Sexual Violence, or Stalking
Florida law gives tenants the right to end a lease early if they or an immediate family member in the household experience domestic violence, dating violence, sexual violence, or stalking. These protections let tenants leave unsafe housing without facing financial penalties.
To use this protection, tenants must give the landlord 30 days’ written notice and provide a copy of a final injunction for protection against domestic, dating, repeat, or sexual violence, or stalking. The lease officially ends 30 days after the landlord receives both documents.
Tenants remain liable for rent through the termination date and for any damage to the property beyond normal wear and tear.
Supporting law: Fla. Stat. § 83.682
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
Tenants in Florida can end a lease early if the rental becomes unlivable and the landlord fails to make necessary repairs. This protection applies when the landlord violates health or safety standards, the tenant provides written notice, and the landlord does not act within a reasonable timeframe.
Landlords must follow building, housing, and health codes. If no local codes apply, they must still keep the unit safe and maintain essential services. Problems caused by a tenant’s negligence or misconduct do not qualify.
Common examples of uninhabitable conditions include:
- No hot or running water
- Broken or unsafe plumbing systems
- Structural dangers like unstable stairs or railings
- Faulty or missing locks on doors or windows
- Health hazards such as mold or pest infestations
To legally terminate the lease, tenants must notify the landlord in writing that they did not make timely repairs and keep records of all requests. Evidence such as photos, inspection reports, or certified mail can help prove the claim.
Supporting law: Fla. Stat. § 83.51, § 83.56
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Misconduct or Privacy Violations
Florida tenants can sometimes end a lease early if the landlord seriously fails to fulfill their responsibilities or makes the unit unlivable. Examples include an illegal lockout, a utility shutoff, or the landlord not completing major repairs after proper notice.
Tenants don’t need court approval before leaving, but if the landlord challenges the termination, a judge will ultimately decide whether it was valid.
Examples of landlord misconduct include:
- Unlawful entry: Entering without “reasonable notice” (typically 12 hours) or outside allowable hours, except in emergencies.
- Constructive eviction: Changing locks, removing doors or windows, or shutting off essential utilities.
- Failure to repair: Ignoring major repair duties even after receiving the tenant’s 7-day written notice.
- Discrimination: Violating the federal Fair Housing Act. Remedies may include damages or injunctive relief, though termination depends on the facts of the case.
Supporting laws: Fla. Stat. §§ 83.51, 83.53, 83.56, 83.67
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
Florida tenants can sometimes end a lease early without penalty if the contract is legally void or unenforceable. Courts void a lease when someone signed it under duress, when a minor signed, or when the unit cannot legally be rented for housing.
- Signed under duress: Physical force or unlawful threats eliminate free will.
- Signed by a minor: Individuals under 18 generally cannot be legally bound unless a parent or guardian also signs.
- Covers an illegal unit: Rentals that violate building codes, lack a legal certificate of occupancy, or use unsafe electrical or structural systems.
If a lease is declared void, the law treats it as though it never existed. The tenant can move out immediately without owing future rent, and the landlord must return the security deposit under Florida law. If the landlord refuses, tenants can pursue the deposit in small claims court.
Supporting law: Fla. Stat. § 83.49
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Tenant Death
In Florida, when a sole tenant dies before the lease expires, the lease passes into the tenant’s estate. The landlord can move to end the lease under state law, but the estate must cover rent and damages up to the point the landlord regains possession.
The tenant’s personal representative has to notify the landlord of the death, provide a death certificate, and coordinate the removal of the tenant’s belongings. If items remain, the landlord must follow Florida’s rules for handling abandoned property.
Lease termination is not automatic. The estate’s executor or administrator oversees the lease, decides whether to keep paying or give up possession, and is responsible for any unpaid rent or damages beyond ordinary wear and tear.
Supporting law: Fla. Stat. § 83.59(3)(d), § 83.67
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
7. Mutual Agreement Between Landlord & Tenant
In Florida, landlords and tenants may end a lease early without penalty if they both agree. They typically reach that agreement through direct negotiation or by invoking an early termination clause in the lease. Both parties should sign a written document confirming the terms.
People often choose mutual termination for reasons like:
- Job relocation or transfer
- Financial difficulties
- Family or medical obligations
- Selling the property
- Major renovations or redevelopment
- Buying a home
Tenants requesting to end a lease explain their circumstances and outline suggested terms. Both sides negotiate details such as notice periods, final rent payments, and how to handle the security deposit. A written agreement confirms the terms and makes the termination enforceable under Florida law.
Other Legal Reasons for Breaking a Lease in Florida
Florida tenants can sometimes end a lease early under specific protections outside of habitability issues or landlord misconduct. These situations are narrow but give tenants the right to leave without financial penalty.
Examples include:
Condemnation of the property: If local authorities declare a rental unsafe or unfit for occupancy, the lease becomes void. Tenants can move out right away without owing future rent.
Natural disasters or severe damage: Events like hurricanes, fires, or flooding that render a home unlivable allow tenants to terminate the lease under the landlord’s obligation to maintain habitable housing.
Florida law does not guarantee lease termination for court-ordered relocation, health issues, or disabilities. In those situations, tenants may turn to federal protections, such as the Fair Housing Act, or work out a mutual termination with the landlord, but state law does not automatically provide that option.
Supporting law: Fla. Stat. §§ 83.51, 83.56
These less common situations are still recognized under Florida law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
Tenants in Florida who break a lease without legal justification face steep consequences. They could forfeit their security deposit, face a lawsuit from the landlord, see their credit score drop, or encounter negative rental references that make securing future housing more difficult.
Landlord’s Duty to Mitigate Damages in Florida
In Florida, landlords have a duty to try to re-rent a unit if a tenant leaves early. They can’t charge the tenant for the full lease term without making that effort. After a new tenant moves in, the former tenant only owes rent for the vacancy period.
Supporting law: Fla. Stat. § 83.595(1)(c)
Tenant’s Right to Sublet in Florida
Florida law doesn’t give tenants an automatic right to sublet. Subletting is only possible if the lease allows it or the landlord gives written approval. Even with permission, the original tenant remains liable for rent and any damages caused by the subtenant.
Supporting law: Fla. Stat. Chapter 83
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