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Florida Landlord Tenant Laws

myfloridahouse.gov, May 17, 2006

The Florida Residential Landlord and Tenant Act, first enacted in 1973, governs residential landlordtenant
law.1 A lease is an agreement to use real property for a certain length of time. By definition, all residential tenancies must end. Most end at the conclusion of the agreed-upon lease term with the tenant having paid all rents due.

Section 83.595, F.S., governs the financial obligation of the tenant where the tenant's occupation of the property ends prior to the agreed upon term of the lease.

Section 83.595, F.S., provides that a landlord who has retaken possession of a rental property before
the end of the lease term may:





  • Treat the lease as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant
  • Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the landlord is able to recover from renting to another tenant
  • Stand by and do nothing, holding the tenant liable for the rent as it comes due. There are several circumstances whereby a tenant can terminate the lease early, and yet have limited or no liability for rent through the end of the term of the lease.
    Those situations are:
  • Where the landlord has breached a material term of the lease or has failed to provide maintenance required by statute, and the tenant has given the landlord notice and an opportunity to cure. See ss. 83.51(1)2 and 83.56(1), F.S.
  • If the property has been substantially damaged or destroyed. See s. 83.63, F.S.
  • If the tenant is an active duty member of the armed forces, and is either transferred or discharged from service.

    See s. 83.682, F.S.
    Current law does not provide for early lease termination by a tenant who is a victim of domestic violence, repeat violence, sexual violence, or dating violence.

     




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