When a residential tenant breaks the lease and leaves before the end of the term, Florida law doesn’t force landlords into a single path. Instead, Florida Statute § 83.595 gives landlords a clear set of options—but only after possession has been returned (by writ of possession, surrender, or abandonment).
Below is a landlord-friendly breakdown of the four remedies, what they mean in real-world terms, and what you should document to protect your claim.
When § 83.595 Applies (The Trigger)
Section 83.595 generally applies once the tenant has breached the rental agreement and one of the following has occurred:
- The landlord has obtained a writ of possession;
- The tenant has surrendered possession back to the landlord; or
- The tenant has abandoned the dwelling unit.
Once the landlord is back in possession, the statute allows the landlord to choose among four remedies.
The 4 Remedies Under § 83.595
1) Treat the Lease as Terminated (Clean Break)
What it means: You treat the rental agreement as ended and retake the unit for your own account.
Practical effect:
- The tenant’s future rent liability ends (you generally are not pursuing the remaining months of rent as “future rent”).
- You can focus on turning the unit and moving forward.
When landlords choose this:
- The tenant is unlikely to pay or is difficult to locate.
- The property needs work and you want a clean reset.
- Speed and simplicity matter more than chasing the last dollar.
2) Retake and Relet for the Tenant’s Account (Mitigation + Deficiency)
What it means: You retake possession for the tenant’s account and hold the tenant liable for the difference between:
- The rent the tenant agreed to pay for the remainder of the lease, minus
- What the landlord actually recovers by re-letting.
If you relet, you must credit any rent you receive from the new tenant against the old tenant’s balance.
The key requirement: The landlord must make a good-faith effort to relet.
The statute defines “good faith” as using at least the same efforts to relet:
- As were used in the initial rental; or
- As the landlord uses to rent other similar units,
…but it does not require the landlord to give preference to the subject unit over other vacant units the landlord owns or manages.
Example (simple numbers):
- Old lease rent: $2,000/month
- 6 months left on the lease = $12,000 remaining
- Unit is vacant for 2 months, then relet at $1,900/month for the last 4 months
Potential claim (simplified):
- 2 months vacancy: $4,000
- plus 4 months deficiency of $100/month: $400
- total: $4,400 (plus allowable damages/charges depending on the facts and documents)
Landlord best practice: If you plan to pursue a deficiency claim, keep excellent records of your marketing and leasing activity (see checklist below).
3) Stand By and Do Nothing (Rent Accrues as It Comes Due)
What it means: The landlord stands by and does not relet, holding the tenant liable for rent as it comes due.
Reality check for landlords: This remedy exists in the statute, but it can create practical and litigation risk if the unit sits vacant for a long period and the tenant argues the landlord should have attempted to reduce losses. In most cases, landlords are better served with a documented re-letting plan or a clean termination strategy.
This option tends to be more fact-specific and should be used carefully.
4) Liquidated Damages or an Early Termination Fee (Pre-Agreed Exit Fee)
What it means: The landlord can charge liquidated damages or an early termination fee only if the lease package is set up correctly and the statutory requirements are met.
Key requirements:
- The amount cannot exceed 2 months’ rent
- The tenant can be required to give no more than 60 days’ notice
- The remedy is available only if the parties agreed to it at the time the rental agreement was made
- The tenant must accept it by signing a separate addendum with the statute’s checkbox-style language (or substantially similar)
No “double dipping”: If the landlord uses this remedy, the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.
What the landlord can still recover in addition to the fee:
Even if a landlord charges an early termination fee, the statute allows the landlord to recover:
- Rent and other charges accrued through the end of the month in which the landlord retakes possession, and
- Charges for damages to the dwelling unit.
Landlord tip: Many lease forms get this wrong. If your early termination addendum isn’t compliant and separately executed, don’t assume it’s enforceable.
Quick Comparison Table: Which Remedy Fits Your Goal?
| Remedy | Main Benefit | Main Tradeoff | Best For |
|---|---|---|---|
| (1) Terminate | Fast, clean, reduces disputes | Limits future rent recovery | Speed/certainty, weak collectability |
| (2) Relet for tenant’s account | Often maximizes recovery | Requires documented “good faith” relet | Strong documentation, collectible tenant |
| (3) Stand by/do nothing | Simple on paper | Vacancy risk + arguments over reasonableness | Rare, fact-specific situations |
| (4) Early termination fee | Predictable, capped recovery | Must be set up correctly; waives further rent beyond retaking month | Landlords using compliant lease addendum |
Practical Checklist for Landlords After an Early Move-Out
If a tenant breaks the lease and leaves early, do these steps immediately:
- Confirm the possession status (writ, surrender, or abandonment) and document the date.
- Send written communication to the tenant confirming the breach and the status of possession.
- Photograph/video the unit immediately and preserve move-out condition evidence.
- If pursuing a deficiency, market the unit in good faith and keep records:
- listings, screenshots, ads, showing logs, applicant notes
- Keep a clean ledger showing:
- rent due, credits from relet rent, fees/charges, and repair invoices
- If relying on an early termination fee, confirm your separate addendum is compliant and signed.
Written documentation tends to win disputes. It also discourages tenants (and tenant counsel) from making arguments that don’t match the record.
Common Mistakes Landlords Make Under § 83.595
- Failing to document re-rental efforts (then trying to claim months of rent anyway)
- Mixing remedies in a way that creates inconsistency (termination vs. deficiency)
- Using a non-compliant early termination fee (no separate addendum, wrong amount, wrong notice terms)
- Poor accounting that doesn’t properly credit relet rent
- Weak move-out documentation that makes damages difficult to prove
FAQ: Florida Landlord Questions About § 83.595
Does § 83.595 apply if the tenant is still in the unit?
Generally, no. This statute addresses remedies after the landlord regains possession (writ/surrender/abandonment).
If I relet, do I have to accept the first applicant?
No. “Good faith” doesn’t require renting to an unqualified applicant. It requires reasonable, consistent marketing efforts comparable to how you rent similar units.
Can I charge an early termination fee and still sue for the remaining months?
Usually, no. If you use the early termination fee/liquidated damages remedy, the statute requires the landlord to waive additional rent beyond the month of retaking possession (while still allowing certain accrued rent/charges and damages).
What if the issue is the tenant’s failure to give proper notice?
Section 83.595(4) states it does not apply if the breach is failure to give notice as provided in § 83.575. Notice issues can change the strategy and should be reviewed carefully.
Need Help Choosing the Best Remedy (or Drafting a Compliant Lease Addendum)?
Landlords often lose money not because the law is unclear—but because the documentation and lease language aren’t set up correctly. If your tenant broke the lease or you want to tighten your lease package (including early termination addendums), we can help you choose the right path and protect your recovery.
Andrew Douglas, P.A.
Construction & Landlord-Tenant Disputes (Florida)
Phone: (954) 474-4420
Email: andrew@douglasfirm.com