If a tenant breaks a lease in Florida, the landlord has four options under Florida Statute 83.595: end the lease and retake the home, re-rent it on the tenant’s behalf and bill the difference, keep the lease alive and sue for rent as it comes due, or collect an early termination fee if the lease includes one. Which path is right depends on your lease, your local rental market, and how quickly you can find a replacement. In St. Augustine, a well-priced home usually re-rents quickly, which often makes the first two options the smartest.
Nobody enjoys getting the call: “We have to move, and we’re only four months into the lease.” After years of managing rental homes across St. Augustine and St. Johns County, here is how I walk owners through it, calmly and in order, so a broken lease becomes a short vacancy instead of a long headache. This is general education, not legal advice. Your lease and a Florida attorney have the final word.
What Are a Landlord’s Options When a Tenant Breaks the Lease in Florida?
Florida Statute 83.595 gives you four choices once a tenant gives up possession early. You pick one, and you should do it deliberately and in writing.
| Option | What it means | Best when |
|---|---|---|
| 1. Treat the lease as ended | You retake the home for your own account. The tenant owes rent only until you retake possession or a new tenant starts, whichever comes first. | You want a clean break and a fast re-lease. |
| 2. Re-rent on the tenant’s account | You re-let the home and the former tenant owes the difference between the old rent and the new rent, plus reasonable re-letting costs. | The market is soft or you must lower rent to fill it. |
| 3. Stand by and sue | You keep the lease in force and sue for rent as it comes due. | Rarely practical; the tenant is usually gone and hard to collect from. |
| 4. Early termination (liquidated damages) | If your lease provides for it, the tenant pays an agreed fee and walks away. | Your lease has the clause and the tenant follows its steps. |
Read the statute itself on the Florida Legislature’s website, or have your property manager walk you through it. Most of the time, option 1 or 2 is the practical answer.
Can a Florida Lease Include an Early Termination Fee?
Yes. A Florida lease can include an early termination clause, and the statute sets guardrails for it. Under 83.595, if the lease provides for liquidated damages, the tenant gives the required written notice, and the fee does not exceed the equivalent of two months’ rent, the tenant who pays it is released from further rent liability. The lease can also require the notice to be given a set number of days before the move-out date.
Here is a simple example. Rent is $2,400 a month and your lease allows an early termination fee of two months’ rent with 60 days’ written notice. A tenant who gives notice and pays $4,800 is done. A tenant who skips out without notice has not used that clause, so you fall back on the other options above. The wording of your lease matters here. If your lease does not have the clause, you cannot add it after the fact.
Does a Landlord Have to Try to Re-Rent the Home?
Not in every scenario, but you should always act as though you do. Under the statute, your duty to re-let depends on which option you choose. If you re-rent on the tenant’s account, you must make a reasonable effort. Even when the law would let you sit back, a judge or small claims magistrate tends to look kindly on the landlord who clearly tried to limit the loss. Leaving a home empty for three months and then billing the tenant for all of it is a weak position.
Good practice, and what we do for owners, is to document everything: the date you learned the tenant was leaving, the date the home was listed, the price, the showings, and the date a new lease began. St. Augustine is an easier market to do this in than many. Demand from relocating families, military households, and workers tied to the historic downtown and the coast keeps well-priced homes moving. A home in a popular area of St. Johns County can often be listed within days.
What Does a Tenant Still Owe After Breaking a Lease?
Generally, rent through the date the home is re-rented, plus the reasonable, documented costs caused by the early exit. Depending on your lease and the option you choose, that can include:
- Unpaid rent up to the date you retake possession or a new tenant begins paying
- Any rent difference if you had to re-let for less (option 2)
- Reasonable advertising and leasing costs, if the lease allows them
- Repair costs beyond normal wear and tear
- Utilities left unpaid in the tenant’s name
Be careful about piling on charges that are not in the lease. Courts look for actual, provable loss. A neat itemized list with receipts is persuasive; a big round number is not.
What Happens to the Security Deposit?
Florida’s security deposit deadlines still apply, even when the tenant left early and on bad terms. If you plan to keep any part of the deposit, you must send the former tenant written notice by certified mail within 15 days of getting the property back, listing the claim and reason. The tenant then has 15 days to object. If you are not claiming anything, the deposit is due back within 15 days. If you miss the notice window, you can lose the right to keep the deposit. We cover the details in our guide to security deposits in Florida. Calendar the dates the day the tenant leaves.
When Can a Tenant Legally Break a Lease Without Penalty?
Some situations release a tenant by law, and a smart landlord knows them before the conversation starts. Common examples in Florida include:
- Active-duty military: Service members with qualifying orders, such as a permanent change of station or deployment, can terminate under Florida law and federal protections. This matters in Northeast Florida, with Naval Station Mayport and other bases close by.
- Landlord failure to maintain: If you do not fix a serious problem after proper written notice, the tenant may have the right to withhold rent or end the lease under Florida Statute 83.56 and 83.51.
- Domestic violence: Florida allows victims to end a tenancy with proper documentation.
- Uninhabitable home: Serious storm or fire damage can end a tenancy. See your lease and Chapter 83 on total destruction.
If a tenant raises one of these, ask for the paperwork, check the statute, and respond in writing. Do not charge a fee the law says you cannot.
What Is the Step-by-Step Process When a Tenant Breaks the Lease?
Move in this order and keep a paper trail.
- Get it in writing. Ask for the tenant’s notice and intended move-out date.
- Read the lease. Look for an early termination clause, notice period, and fees.
- Check for a legal exception. Military orders, domestic violence, or an unresolved repair issue change everything.
- Choose your statutory option and tell the tenant in writing which one you are using.
- Schedule a move-out inspection and photograph the condition.
- List the home right away. Price it to the current St. Augustine market, not last year’s rent.
- Track all costs and dates from the first notice to the new lease start.
- Handle the deposit on the 15-day clock and send a clear itemized statement.
- Send a final accounting for anything still owed and decide whether pursuing it is worth it.
Should You Sue a Tenant Who Broke the Lease?
Sometimes, but do the math first. A demand letter often settles things. If the balance is within the limit for small claims court in Florida, filing at the St. Johns County courthouse is relatively inexpensive, but winning a judgment and actually collecting are two different things. A tenant with no job or who has left the state may never pay. For many owners, the best result is a fast re-lease and keeping the deposit for documented damages and unpaid rent. We tell owners to weigh the amount owed, the tenant’s ability to pay, and their own time before filing.
Myths vs. Facts About Broken Leases in Florida
| Myth | Fact |
|---|---|
| “The tenant owes the whole lease no matter what.” | Not necessarily. The amount depends on the option you pick, your re-letting efforts, and the lease terms. |
| “I can charge any early termination fee I want.” | The statutory early termination option is capped at two months’ rent and must be in the lease. |
| “I can keep the deposit without telling anyone.” | You must send written notice within 15 days or risk losing your claim. |
| “I should leave it vacant until the lease ends.” | Leaving it empty weakens your position. Re-rent promptly. |
Common Mistakes Landlords Make
- Changing the locks or removing belongings before the tenancy is properly ended. In Florida, a lockout is illegal.
- Accepting a verbal notice and never writing down the agreement.
- Waiting weeks to list the home.
- Missing the 15-day security deposit notice.
- Ignoring a valid military or safety-related release.
Expert Tips From a St. Augustine Property Manager
- Put a clear early termination clause in every lease. It gives both sides a clean exit and a price tag.
- Start marketing as soon as you have written notice, even before move-out, with the current tenant’s cooperation and proper entry notice.
- Time re-leasing around the season. Summer is busy for families moving before the school year, while winter can be slower.
- After a storm, check on a vacated home quickly. Empty coastal homes need eyes on them during hurricane season.
- Be fair. A reasonable resolution beats a drawn-out fight.
Bottom Line
When a tenant breaks the lease, stay calm, read the lease, choose your statutory option, and get the home back on the market fast. In St. Augustine and across St. Johns County, speed and good records usually matter more than any lawsuit.
Frequently Asked Questions
Can a landlord keep the security deposit if a tenant breaks the lease in Florida?
Yes, for unpaid rent and damages beyond normal wear and tear, but only if you send the required written notice within 15 days of getting the property back.
Is there a maximum early termination fee in Florida?
Under 83.595, the liquidated damages option is capped at the equivalent of two months’ rent, and the lease must provide for it.
Do I have to re-rent the property after the tenant leaves?
It depends on the option you choose, but a prompt, documented effort to re-rent protects you in every case.
Can I change the locks if the tenant abandons the home?
Only after following Florida’s abandonment rules. Self-help lockouts of a tenant who has not abandoned are illegal.
Can a military tenant break a lease in Florida?
Yes. Service members with qualifying orders can end a lease under Florida and federal law, usually with written notice and a copy of the orders.
Can I sue a former tenant for the rest of the lease?
You can pursue unpaid rent and provable losses, but courts expect you to have made reasonable efforts to limit the damage.
What if the tenant leaves without telling me?
Document everything, post the required notices, and follow Florida’s abandonment process before retaking the home.
How fast can a St. Augustine rental be re-rented?
Well-priced homes in good condition often lease within a few weeks, though timing varies by season, price, and location.
Should I accept a lease buyout offer?
Often yes, if the amount is fair and the agreement is in writing. It can save you time and the risk of collection.
Does a property manager handle this for me?
A good one does: notices, re-listing, inspections, deposit accounting, and tenant communication.
Need a Hand When a Tenant Leaves Early?
At Struck Property Management, we help St. Augustine and St. Johns County landlords handle early move-outs, re-lease quickly, and protect their rental properties. If you would like to talk through your situation, reach out for a no-pressure conversation.
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