Tenant Broke Their Lease Early in Florida: Your 3 Options
Your tenant left mid-lease — keys returned, unit empty, rent unpaid through the remaining term. Florida Statute § 83.595 gives landlords three structured paths to recover. Pick the right one based on what your lease says and how quickly you can re-rent.
Three options under Fla. Stat. § 83.595: (1) hold the tenant liable for rent until you re-rent (you must mitigate), (2) accept surrender and treat the lease as terminated, or (3) collect the liquidated damages amount specified in your lease's early-termination clause (capped at two months' rent under § 83.595(4)). The mitigation duty applies to options 1 and 3.
The 3 options under Fla. Stat. § 83.595
Hold tenant liable until you re-rent
You retain the right to collect rent for the remaining lease term — minus rent received from a replacement tenant. The catch: Florida requires you to "reasonably attempt to re-rent" the unit. You can't just sit on the empty unit and bill the absent tenant. Document your re-renting efforts (listings, showings, dates) so you can show the court you mitigated.
Best when: market is soft, re-renting will take 1–3 months, and the tenant has collectible assets/wages.
Accept surrender — lease ends
You accept the keys and treat the lease as terminated. You keep the security deposit (against actual damages and unpaid rent through the surrender date) but cannot pursue future rent. The tenant is released. This is the cleanest path — fastest, no litigation, but lowest recovery.
Best when: you can quickly re-rent at the same or higher rate; pursuing damages isn't worth the legal cost.
Liquidated-damages clause (if your lease has one)
Fla. Stat. § 83.595(4) allows a residential lease to specify a fixed early-termination fee, capped at two months' rent. If your lease has a proper clause and the tenant gave 60 days' notice, you collect the flat amount. If they didn't give 60 days, the liquidated-damages clause may not apply and you fall back to Option 1.
Best when: your lease clearly contains the clause AND the tenant followed the 60-day notice requirement.
The mitigation requirement — what counts
Florida courts expect commercially reasonable efforts to re-rent — not heroic ones. Document the following:
- Listing the unit on at least one major rental platform within 7 days of vacancy
- Showing the unit to prospective tenants (keep dates and outcomes)
- Setting rent at the same level (not higher) the broken lease specified
- Any concessions or repairs needed to make the unit ready
- The eventual replacement tenant's start date and monthly rent
You don't have to prioritize this unit over others, but you can't ignore it. Courts frequently reduce landlord recoveries by 50%+ when mitigation efforts are poorly documented or non-existent.
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
My tenant broke their lease and moved out — can I keep their security deposit?
Only if you follow Florida's statutory notice requirements. Under Fla. Stat. § 83.49, you have 30 days to send a written notice of intent to claim the deposit, by certified mail to the tenant's last known address. If you don't send the notice on time, you forfeit the right to keep the deposit and must return it. The deposit applies first to unpaid rent and damages, but doesn't fully release the tenant from the remaining lease term.
Does my tenant still owe rent for the rest of the lease after they leave?
Yes, in most cases — but with a critical caveat: under Fla. Stat. § 83.595, you must take "reasonable steps to mitigate damages," meaning you must reasonably try to re-rent the unit. You can hold the tenant liable only for the rent owed until you re-rent (plus reasonable expenses). If you don't try to re-rent, courts will reduce or eliminate the damages.
What if my Florida lease has a liquidated damages clause?
Florida specifically permits a liquidated-damages or early-termination clause in residential leases under § 83.595(4) — but the amount is capped at two months' rent. If your lease has a properly written early-termination clause AND the tenant gave you the required 60-day notice, you accept the liquidated-damages amount instead of pursuing actual damages.
Should I just sue my tenant in small claims court?
For amounts up to $8,000 you can file in Florida small claims court. For larger amounts (typical with multi-month rent owed), you file in county or circuit court. Many Florida landlords find that even with a judgment, collecting from a former tenant is difficult — verify the tenant has assets or wages garnishable before incurring legal costs.
Can I refuse to accept my tenant's key when they try to "surrender" early?
You don't have to accept surrender as releasing the tenant from the lease. If you accept the key and re-rent quickly, courts typically treat it as acceptance of surrender — meaning the lease is terminated. To preserve your right to collect remaining rent, document that you accepted the key only to mitigate damages, not to release the tenant.
Tenant abandoned mid-lease in Miami-Dade?
We can route you to a Florida attorney to recover unpaid rent, file in small claims, or negotiate a clean surrender — depending on which Option fits your situation.
Start My Case