83.595
Choice of remedies upon breach or early termination by tenant.
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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.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 1989–2025 · leading case: Wilson v. Terwillinger
Wilson v. Terwillinger (2014)
“Those remedies *1124 are found in section 83.595, Florida Statutes (2012), and include the option of imposing liquidated damages in a stated amount that does not exceed the total of two months’ rent.”
Olen Properties Corp. v. Moss (2008)
“*521 Nothing in section 83.595, Florida Statutes, addresses the circumstance where a tenant is allowed, at the tenant's election, to move out without breaching the lease.”
OLEN PROPERTIES CORPORATION v. Moss (2008)
“Section 83.595, Florida Statutes (2007) sets out the landlord's "choice of remedies upon [a] breach [by the] tenant:" (1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the…”
Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc. (1997)
“25, §§ 5101, 5507(d) (1996) (commercial); Fla.Stat. Ann. § 83.595 (West 1995) (residential); In re PAVCO Enters.”
Atlantis Estate Acquisitions, Inc. v. DePierro (2013)
“Section 83.595, Florida Statutes, provides the choice of remedies available to the landlord upon a breach by the tenant where the tenant has surrendered possession, including options to: 1) treat the lease as terminated and retake possession; 2) retake possession for the account…”
William Hefley and Aimee J. Hefley v. Christopher Holmquist (2025)
“§ 83.595, Fla. Stat. The landlord may seek a remedy in any of the following circumstances: the tenant abandoned the dwelling; the tenant surrendered possession of the dwelling to the landlord; or the landlord obtained a writ of possession after tenant’s breach of the parties’…”
Cupeiro v. Baron (1989)
“1951); see also § 83.595(1)(a), Fla.Stat. (1987).”
The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust (2024)
“§ 83.595, Fla. Stat.1 The Family Trust further contends it properly exercised the third option in this case.”
Paul Macneil v. Bengal Properties, Inc (2025)
“They alleged that the early-termination fees were impermissible under Fla. Stat. § 83.595 , while other charges for damages to the apartment were fabricated and fraudulent.”
— 83.595(1) — 2 cases
OLEN PROPERTIES CORPORATION v. Moss (2008)
“Section 83.595, Florida Statutes (2007) sets out the landlord's "choice of remedies upon [a] breach [by the] tenant:" (1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the…”
William Hefley and Aimee J. Hefley v. Christopher Holmquist (2025)
“§ 83.595, Fla. Stat. The landlord may seek a remedy in any of the following circumstances: the tenant abandoned the dwelling; the tenant surrendered possession of the dwelling to the landlord; or the landlord obtained a writ of possession after tenant’s breach of the parties’…”
— 83.595(1)(a) — 1 case
Cupeiro v. Baron (1989)
“1951); see also § 83.595(1)(a), Fla.Stat. (1987).”
— 83.595(2) — 1 case
William Hefley and Aimee J. Hefley v. Christopher Holmquist (2025)
“§ 83.595, Fla. Stat. The landlord may seek a remedy in any of the following circumstances: the tenant abandoned the dwelling; the tenant surrendered possession of the dwelling to the landlord; or the landlord obtained a writ of possession after tenant’s breach of the parties’…”
— 83.595(3) — 1 case
William Hefley and Aimee J. Hefley v. Christopher Holmquist (2025)
“§ 83.595, Fla. Stat. The landlord may seek a remedy in any of the following circumstances: the tenant abandoned the dwelling; the tenant surrendered possession of the dwelling to the landlord; or the landlord obtained a writ of possession after tenant’s breach of the parties’…”
— 83.595(4) — 2 cases
Wilson v. Terwillinger (2014)
“Those remedies *1124 are found in section 83.595, Florida Statutes (2012), and include the option of imposing liquidated damages in a stated amount that does not exceed the total of two months’ rent.”
William Hefley and Aimee J. Hefley v. Christopher Holmquist (2025)
“§ 83.595, Fla. Stat. The landlord may seek a remedy in any of the following circumstances: the tenant abandoned the dwelling; the tenant surrendered possession of the dwelling to the landlord; or the landlord obtained a writ of possession after tenant’s breach of the parties’…”
— 83.595(4)(a) — 1 case
William Hefley and Aimee J. Hefley v. Christopher Holmquist (2025)
“§ 83.595, Fla. Stat. The landlord may seek a remedy in any of the following circumstances: the tenant abandoned the dwelling; the tenant surrendered possession of the dwelling to the landlord; or the landlord obtained a writ of possession after tenant’s breach of the parties’…”
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