How to End a Lease Early by Mutual Agreement in Florida: A Tenant’s Guide

In Florida, "breaking a lease" is often more structured than in other states because of a specific law: Florida Statute § 83.595. This law gives landlords four specific choices when a tenant wants to leave early.

Most standard Florida leases (especially those from the Florida Association of Realtors) include a specific checkbox section called the "Early Termination Fee/Liquidated Damages Addendum." If you signed this, you may already have a pre-agreed "price" to walk away.

However, if you did not sign that specific addendum, or if you want to negotiate a better deal, you need a Mutual Termination Agreement. This guide explains how to navigate Florida’s unique "Choice of Remedies" law, how to handle the security deposit, and the specific rights for military members.

How a Mutual Agreement Works in Florida

A mutual agreement is a voluntary contract where the landlord and tenant agree to end the tenancy on a specific date, releasing the tenant from future liability.

• The "Liquidated Damages" Checkbox: Check your lease first. Did you sign an addendum agreeing to pay up to 2 months' rent to break the lease?

  • If YES: You likely don't need to negotiate much. You pay the fee, give the required notice (usually 60 days), and you are free of liability.

  • If NO: The landlord technically has the right to "stand by and do nothing" and charge you rent as it comes due—without trying to find a new tenant (Florida is one of the few states that allows this).

• The Mutual Agreement: If you didn't sign the addendum, or if the fee is too high, you can negotiate a Mutual Termination Agreement to create a custom exit plan.

• No "Official" Form: There is no government form for this. It is a private written contract.

When Should You Use It?

1. If You Did NOT Sign the "Liquidated Damages" Addendum

If your lease does not have the "2 months' rent" break fee clause, your landlord technically has three other options under F.S. § 83.595:

1. Treat the lease as ended and retake possession (you owe nothing further).

2. Retake possession and re-rent it (you owe the difference until a new tenant is found).

3. Stand by and do nothing (holding you liable for rent as it comes due).

• The Risk: Option 3 is dangerous for tenants. The landlord doesn't have to find a new tenant.

• The Solution: Negotiate a Mutual Termination Agreement. Offer a cash settlement (e.g., 1 month's rent) in exchange for them agreeing to "Option 1" (retaking possession and releasing you). This prevents them from letting the unit sit empty at your expense.

2. "Cash for Keys" (Sale of Property)

Florida's real estate market is active. If your landlord wants to sell the condo or house, they generally cannot kick you out during a fixed-term lease unless there is a "Kick-Out Clause."

• The Negotiation: If they want you out to sell, you can negotiate "Cash for Keys." The landlord pays you moving costs or waives rent to get you to sign a mutual termination agreement.

How to Draft the Agreement

Since there is no standard government form, you must draft a clear document.

Required Elements:

1. Title: "Mutual Termination of Lease Agreement."

2. Parties: Full names of Landlord and Tenant.

3. Property: The complete address of the rental unit.

4. Termination Date: The exact date you will surrender the keys.

5. Release of Liability: A critical clause stating: "The Landlord retakes possession for their own account pursuant to Florida Statute § 83.595(1), terminating any further liability of the Tenant."

6. Security Deposit: Explicitly state that the security deposit will be returned according to F.S. § 83.49 (see below).

7. Signatures: Both parties must sign and date the document.

The Risks for Tenants

1. The 15/30 Day Security Deposit Rule

Florida law (F.S. § 83.49) has strict timelines for deposits:

• No Claim: If the landlord does not intend to keep any of your deposit, they must return it within 15 days.

• Claim: If they intend to make a claim (for damages or unpaid rent), they must send you a written notice by certified mail within 30 days.

• The Trap: If you leave early without a written agreement, the landlord might claim you "abandoned" the unit, potentially complicating the notice process.

• Action Item: You must give your forwarding address in writing. If you don't, the landlord doesn't have to send you the notice of claim (though they still can't just keep the money without cause).

2. Abandonment

Never just drop the keys and leave. Under Florida law, if you are absent for half a rental period without paying rent, it is presumed abandonment. The landlord can retake the unit, but you might still owe rent. A mutual agreement clarifies that you are surrendering the unit legally.

Special Rights: Military & Domestic Violence

Military Service:

Under Florida Statute § 83.682, service members can terminate a lease with 30 days' written notice if:

• You receive PCS orders to move 35 miles or more;

• You are prematurely discharged; or

• You are moved into government quarters.

  You must provide a copy of the orders. You do not need the landlord's permission.

Domestic Violence:

Unlike some other states, Florida statutes currently do NOT provide a specific right for tenants to terminate a lease early solely due to domestic violence in private housing (unless you are in public housing covered by federal VAWA laws).

• The Strategy: Because the law doesn't explicitly help here, a Mutual Agreement is often your best route. Many landlords will agree to release a tenant for safety reasons if approached carefully, rather than dealing with police visits or potential violence on the property.

Frequently Asked Questions (FAQ)

1. Is there an official Florida form to end a lease?

No. However, most landlords use the "Liquidated Damages Addendum" form from the Florida Association of Realtors. If you didn't sign that, you need a private written agreement.

2. Does the landlord have to find a new tenant if I move out?

Not necessarily. Under F.S. § 83.595, Florida is one of the few states that allows a landlord to "stand by and do nothing" and hold you liable for rent as it comes due, unless they choose to retake possession for your account. This makes negotiating a mutual release very important.

3. When do I get my deposit back?

Within 15 days if there are no deductions, or you must receive a notice of claim within 30 days if there are deductions.

4. Can I sublet my apartment?

Only if your lease allows it. Most Florida leases strictly prohibit subletting (Airbnb, etc.) without written consent. Doing so can lead to eviction.

5. How much notice do I need to give if I am month-to-month?

Under F.S. § 83.57, you must give 15 days' written notice before the end of the monthly period to terminate a month-to-month tenancy.

References:

• Florida Statute § 83.595 (Choice of Remedies / Mitigation)

• Florida Statute § 83.49 (Security Deposits)

• Florida Statute § 83.682 (Military Termination)

• The Florida Bar: Rights and Duties of Tenants and Landlords

Source: www.dv.support

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