Florida Statewide Rule

Florida Lease Termination Rules

Some RestrictionsApplies statewide across Florida (2026)

For a month-to-month tenancy, Fla. Stat. § 83.57 now requires at least 30 days' written notice (raised from 15 days by 2023's SB 102). Breaking a fixed-term lease triggers landlord remedies under § 83.595, including a pre-agreed early-termination fee capped at two months' rent. Servicemembers may terminate early under § 83.682.

Key Facts

Month-to-month notice: 30 days under § 83.57 (15 days before SB 102)
Year-to-year notice: 60 days
Early-termination fee: Max 2 months' rent if signed addendum (§ 83.595)
Servicemember termination: 30 days plus orders; non-waivable (§ 83.682)

Last verified: 2026-06-27

Full Breakdown

Under § 83.57, ending a tenancy without a specific term requires written notice 'in the manner provided in s. 83.56(4)': 30 days for month-to-month (amended by ch. 2023-314, SB 102, from 15 days), 7 days for week-to-week, 30 days for quarter-to-quarter, and 60 days for year-to-year. A tenant who breaks a fixed-term lease faces § 83.595 remedies; if the lease has a signed early-termination addendum, the landlord may instead collect liquidated damages or a fee 'not to exceed 2 months' rent.' A servicemember may terminate with 30 days' written notice plus orders for qualifying events such as a PCS move 35+ miles away, premature discharge, or temporary duty over 60 days (§ 83.682); this right cannot be waived.

Violations & Penalties

No specific statutory penalty. A tenant who breaks a lease without a valid statutory basis remains liable under § 83.595 for rent as it comes due or the difference after the landlord relets in good faith, unless a signed early-termination fee (max two months' rent) applies.

Frequently Asked Questions

How much notice ends a month-to-month lease in Florida?

At least 30 days before the end of the monthly period under § 83.57. SB 102 (2023) raised this from 15 days. Week-to-week needs 7 days and year-to-year needs 60 days.

What happens if a tenant breaks a fixed-term lease in Florida?

Under § 83.595 the tenant stays liable for rent as it comes due or for the shortfall after the landlord relets in good faith, unless the lease has a signed early-termination addendum allowing a fee of no more than two months' rent.

Can a Florida servicemember break a lease early?

Yes. Under § 83.682, a servicemember may terminate with 30 days' written notice plus a copy of orders for events like a PCS move 35+ miles away, premature discharge, or temporary duty exceeding 60 days. This right cannot be waived.

Sources

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