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Lease Breaking Laws in Florida

You are allowed to break your lease in Florida with absolutely no penalty if your landlord gives you reason to evict yourself, which is called a constructive eviction.

Legally valid reasons for constructive eviction include:

If this doesn't apply to you, then your next steps should be to figure out how much rent you can be held liable for after you leave and how much of a breakage fee your landlord can charge you.

Your responsibility for lost rent

The most important factor affecting the amount of rent you can be on the hook for in Florida is whether or not your landlord is required to mitigate damages. If your landlord takes possession of the unit after you leave then the law requires them to re-rent it, and they cannot make you pay for the remaining months of your lease after they have a new tenant.

However, the law doesn't require them to re-take possession. Your landlord in Florida can keep your unit vacant and hold you liable for the monthly rent for each month left on your lease if they want to.

In short, you could be on the hook for a lot of money if you break your lease in Florida - so try to get out with a lease break fee or consider subletting.

Lease break fees

In Florida landlords are required by law to offer you the option of choosing a lease break fee at the time of signing the lease. This fee cannot be more than twice the monthly rent. To qualify for this, the tenant must agree to give sixty days notice before breaking the lease.

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