For thousands of Jacksonville households, breaking a lease is not a choice but a set of orders. Naval Air Station Jacksonville and Naval Station Mayport anchor a large military community in the city (Naval Air Station Jacksonville; Naval Station Mayport), and Florida has its own detailed statute for servicemembers who need to end a lease, separate from the federal Servicemembers Civil Relief Act.
Civilians in Jacksonville break leases too, and their rights are quite different. Across the metro, about 222,300 households rent, with a median gross rent of $1,513 a month and a median renter household income of $53,660, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Jacksonville dataset, Table B25003; Table B25064; Table B25119). This guide covers both groups.
Homzora is a housing research publisher, not a law firm. This article explains Florida and federal law in plain English and is not legal advice for your situation.
Part one: Florida’s servicemember lease termination law
Who qualifies
Section 83.682 of the Florida Statutes allows a servicemember to terminate a rental agreement when any of the following applies (Fla. Stat. § 83.682):
- Permanent change of station orders require a move of 35 miles or more from the rental.
- The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty.
- The servicemember signed the lease while on active duty and is then released, and the rental is 35 miles or more from the home of record before entering duty.
- After signing, the servicemember receives orders to move into government quarters, or becomes eligible for and chooses to move into government quarters, including privatized military housing.
- Temporary duty, temporary change of station, or state active duty orders send the servicemember 35 miles or more away for more than 60 days.
- The servicemember signed a lease but has not moved in, and receives orders to an area 35 miles or more away.
If a servicemember dies on active duty, an adult member of the servicemember’s immediate family may terminate the rental agreement under the same section (§ 83.682).
How to give notice
The notice must be in writing and must include either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer. The termination date stated in the notice must be at least 30 days after the landlord receives it (§ 83.682).
What you owe
The servicemember is liable for rent prorated to the effective date of termination, payable when it would otherwise be due, and is not liable for any other rent or damages due to the early termination. If notice is given 14 or more days before occupancy, no damages or penalties of any kind may be assessed. The statute’s rights cannot be waived or modified by the parties’ agreement (§ 83.682).
Protection against retaliation
Florida’s retaliation statute lists termination under Section 83.682 as a protected action. A landlord may not discriminatorily increase rent, decrease services, or bring or threaten an action for possession primarily in retaliation (§ 83.64).
A worked example
Suppose a sailor at Mayport receives permanent change of station orders to a command more than 35 miles away and delivers written notice with a copy of the orders on June 3, stating a termination date of July 15. Because July 15 is at least 30 days after the landlord received notice, the termination is effective that day. The sailor owes rent prorated through July 15 and no other rent or damages for ending the lease early.
A sample notice
Date: 2026. To: [landlord]. Re: Rental agreement for [address, unit]. I am a member of the [branch] and have received [type of orders], a copy of which is enclosed [or: a written verification signed by my commanding officer is enclosed]. Under Florida Statutes Section 83.682, I am terminating my rental agreement effective 2026. I will pay rent prorated through that date. My forwarding address for my security deposit is [address]. Sincerely, [name].
Federal law adds another layer
The Servicemembers Civil Relief Act separately allows termination of residential leases in qualifying circumstances (50 U.S.C. § 3955). Installation legal assistance offices can help you choose which protection to invoke.
Part two: civilians breaking a lease
Statutory grounds
Civilians may terminate when the landlord materially fails to comply with its maintenance obligations or material lease provisions and does not cure within 7 days after written notice stating the tenant’s intent to terminate (§ 83.56(1)), or when casualty damage not caused by the tenant substantially impairs enjoyment of the premises (§ 83.63).
Florida does not currently have a general statute allowing survivors of domestic violence to end a private lease early; bills to create one died in committee in 2025 and 2026 (Florida Senate, HB 619 (2025); HB 107 (2026)). Federal protections may apply in federally assisted housing (34 U.S.C. § 12491). The National Domestic Violence Hotline is available at 800.799.7233 (National Domestic Violence Hotline).
The early termination fee addendum
If you signed a separate addendum agreeing to an early termination fee, Florida caps it at two months’ rent and limits the required notice to 60 days. The landlord then waives rent beyond the month in which it retakes possession, though it may collect accrued rent through that month and charges for damage (§ 83.595(4)).
Without the addendum
The landlord may end the tenancy and your future liability, relet the unit for your account after a good faith effort and charge you any shortfall, or hold you liable for rent as it comes due (§ 83.595). A negotiated written release is usually the cheapest outcome.
Notice periods worth knowing
- A lease may not require less than 30 or more than 60 days’ notice before the end of its term (§ 83.575).
- Month to month tenancies require at least 30 days’ notice before the end of a monthly period (§ 83.57).
- To protect your deposit, give at least 7 days’ written notice by certified mail or personal delivery with a forwarding address before vacating, unless the lease says otherwise (§ 83.49(5)).
Help in Jacksonville
Jacksonville Area Legal Aid provides free civil legal services to eligible residents (Jacksonville Area Legal Aid). Service members should start with their installation legal assistance office.
What leaving early might cost: an illustration
The numbers below are a simplified illustration using the Jacksonville median gross rent of $1,513 a month. They are not a prediction of what any landlord will charge, and actual results depend on your lease, the remedy your landlord chooses, and how quickly the unit rerents (§ 83.595).
| Scenario | Rough exposure |
|---|---|
| You signed the early termination addendum | A fee of no more than two months’ rent, so up to $3,026, plus rent and charges accrued through the month the landlord retakes possession and any damage charges |
| No addendum; the landlord relets in about one month | Roughly one month of lost rent, about $1,513, plus any shortfall if the new rent is lower |
| No addendum; the unit sits empty for three months despite good faith efforts | Roughly three months of lost rent, about $4,539, plus any shortfall |
| No addendum; the landlord retakes the unit for its own account | No liability for future rent |
The table shows why the addendum can be valuable in an uncertain year and why helping the unit rerent quickly matters when you did not sign it.
Before you sign your next lease
- Ask whether an early termination addendum is offered, and read both checkboxes before choosing (§ 83.595(4)).
- Note the end of term notice the lease requires; Florida limits it to between 30 and 60 days (§ 83.575).
- Ask whether the landlord allows lease assignment or a replacement tenant, and get the policy in writing.
- If you are a servicemember, confirm the lease does not try to limit your rights under Section 83.682, which cannot be waived.
Common mistakes
- Moving out without written notice. Notice protects your deposit and starts the landlord’s obligations (§ 83.49(5)).
- Relying on a verbal agreement. A release from future rent should be in writing and signed.
- Ignoring the month to month rule. Month to month tenants need at least 30 days’ notice before the end of a monthly period (§ 83.57).
Frequently asked questions
My orders send me only 20 miles away. Can I still terminate?
Most of the Florida grounds based on orders require a move of 35 miles or more (§ 83.682). Check the specific ground that applies and ask your legal assistance office about the federal SCRA as well.
Can my landlord make me waive the military clause in the lease?
No. The rights under Section 83.682 cannot be waived or modified by agreement (§ 83.682).
I am moving into base housing. Does that count?
Yes, receiving orders to move into government quarters, or becoming eligible for and choosing to move into them, is one of the listed grounds, and privatized military housing is included (§ 83.682).
Sources
- Florida Statutes § 83.682
- Florida Statutes § 83.64
- Florida Statutes § 83.56
- Florida Statutes § 83.63
- Florida Statutes § 83.595
- Florida Statutes § 83.575
- Florida Statutes § 83.57
- Florida Statutes § 83.49
- 50 U.S.C. § 3955
- 34 U.S.C. § 12491
- Florida Senate, HB 619 (2025)
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, via Homzora
- Naval Air Station Jacksonville
- Jacksonville Area Legal Aid