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Florida Statute 83.595 - Full Text and Legal Analysis
Florida Statute 83.595 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.595
83.595 Choice of remedies upon breach or early termination by tenant.If the tenant breaches the rental agreement for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:
(1) Treat the rental agreement as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant;
(2) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord is able to recover from a reletting. If the landlord retakes possession, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the tenant. For purposes of this subsection, the term “good faith in attempting to relet the premises” means that the landlord uses at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent;
(3) Stand by and do nothing, holding the lessee liable for the rent as it comes due; or
(4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days’ notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form:

☐ I agree, as provided in the rental agreement, to pay $  (an amount that does not exceed 2 months’ rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

☐ I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.

(a) In addition to liquidated damages or an early termination fee, the landlord is entitled to the rent and other charges accrued through the end of the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit.
(b) This subsection does not apply if the breach is failure to give notice as provided in s. 83.575.
History.s. 2, ch. 87-369; s. 4, ch. 88-379; s. 448, ch. 95-147; s. 2, ch. 2008-131.

F.S. 83.595 on Google Scholar

F.S. 83.595 on CourtListener

Amendments to 83.595


Annotations, Discussions, Cases:

Cases Citing Statute 83.595

Total Results: 7

Olen Properties Corp. v. Moss

981 So. 2d 515, 2008 WL 1734157

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 467974

Cited 8 times | Published

recognize damages where none exist. *521 Nothing in section 83.595, Florida Statutes, addresses the circumstance

Atlantis Estate Acquisitions, Inc. v. DePierro

125 So. 3d 889, 2013 WL 1748642, 2013 Fla. App. LEXIS 6544

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236108

Cited 3 times | Published

remedies pursuant to the Landlord and Tenant Act. Section 83.595, Florida Statutes, provides the choice of remedies

Wilson v. Terwillinger

140 So. 3d 1122, 2014 Fla. App. LEXIS 9341, 2014 WL 2781840

District Court of Appeal of Florida | Filed: Jun 20, 2014 | Docket: 60241373

Cited 2 times | Published

the rental agreement, in the form set forth in § 83.595(4), Fla. Stat., constitutes a valid, binding obligation

OLEN PROPERTIES CORPORATION v. Moss

984 So. 2d 558, 2008 WL 2038249

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1289243

Cited 2 times | Published

Residential Landlord Tenant Manual (2007) 1-1. Section 83.595, Florida Statutes (2007) sets out the landlord's

William Hefley and Aimee J. Hefley v. Christopher Holmquist

District Court of Appeal of Florida | Filed: Feb 6, 2025 | Docket: 69618869

Published

the landlord’s choice of remedy pursuant to section 83.595, Florida Statutes (2016). Because a reasonable

The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999072

Published

termination by tenant” are closely circumscribed by section 83.595, Florida Statutes. The statute provides, in

Cupeiro v. Baron

555 So. 2d 370, 14 Fla. L. Weekly 2399, 1989 Fla. App. LEXIS 5698, 1989 WL 118934

District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 64647482

Published

v. Lester, 58 So.2d 673 (Fla.1951); see also § 83.595(1)(a), Fla.Stat. (1987).