In Miami, where roughly seven in ten occupied homes are rented and the citywide median gross rent was $1,758 a month over 2020 to 2024 (U.S. Census Bureau QuickFacts, Miami city), breaking a lease can be expensive. Rents in neighborhoods such as Brickell and Wynwood run far above that citywide figure in larger buildings (Homzora Miami edition, citing RentCafe and Yardi Matrix), so every month of rent you might owe after leaving early is a serious amount of money.
Florida law gives tenants and landlords a defined set of choices when a lease ends early, and it puts one tool in particular in front of Miami renters at the moment they sign: the early termination fee addendum. This guide explains that addendum, the landlord’s options when you leave, the situations in which Florida lets you terminate without owing future rent, and how to plan a clean exit.
Homzora is a housing research publisher, not a law firm. This article explains Florida statutes in plain English and is not legal advice for your situation.
The early termination fee addendum
Section 83.595 of the Florida Statutes allows a landlord and tenant to agree, at the time the rental agreement is made, to a liquidated damages or early termination fee. The statute sets firm limits (Fla. Stat. § 83.595(4)):
- The amount may not exceed two months’ rent.
- For an early termination fee, the agreement may require no more than 60 days’ notice before the proposed termination date.
- You must accept the option by signing a separate addendum, which must give you a choice to accept or decline.
If you accept the fee and later terminate, the landlord waives the right to seek additional rent beyond the month in which it retakes possession. The landlord may also collect rent and charges accrued through the end of the month in which it retakes possession, plus charges for damage to the unit (§ 83.595(4)).
Should a Miami renter sign it?
The addendum is a trade. You accept a known maximum cost of up to two months’ rent in exchange for certainty. If you decline, the landlord may pursue its other remedies, which can be more or less expensive depending on how quickly the unit rerents. If your job or family plans are uncertain, the predictable cap can be worth a great deal. Read the addendum carefully at signing, because it is only available if both parties agreed to it when the rental agreement was made.
What the landlord can do if you leave early without the addendum
If you breach the lease and surrender or abandon the unit, Section 83.595 gives the landlord a choice of remedies (§ 83.595):
| Landlord option | What it means for you |
|---|---|
| Retake possession for its own account | The tenancy ends and you have no further liability for future rent |
| Retake possession for your account | You owe the difference between the lease rent and what the landlord recovers by reletting; the landlord must make a good faith effort to relet |
| Stand by and do nothing | You remain liable for rent as it comes due |
| Charge the agreed early termination fee | Only if you signed the addendum, capped at two months’ rent |
Under the reletting option, good faith means using at least the same efforts the landlord used to rent the unit originally or uses for similar units, though the landlord need not give your unit priority over other vacant units it owns or manages (§ 83.595). If you are billed under this option, ask in writing how the unit was marketed and when it rerented.
When Florida lets you end a lease
Military orders
Section 83.682 allows a servicemember to terminate when, among other situations, permanent change of station orders require a move of 35 miles or more, or temporary duty orders send the servicemember 35 miles or more away for more than 60 days. Written notice with a copy of the orders or a commanding officer’s verification is required, the termination date must be at least 30 days after the landlord receives notice, and the tenant owes only rent prorated to that date (§ 83.682).
The landlord’s material noncompliance
If the landlord materially fails to comply with its maintenance obligations under Section 83.51(1) or with material provisions of the lease, the tenant may terminate if the landlord does not cure the problem within 7 days after delivery of written notice that specifies the noncompliance and states the tenant’s intent to terminate (§ 83.56(1)). Keep a copy of the notice and proof of delivery.
Casualty damage
If the premises are damaged by something other than the tenant’s wrongful or negligent acts so that enjoyment of the premises is substantially impaired, the tenant may terminate and immediately vacate (§ 83.63). In hurricane season, this provision matters for Miami renters.
What Florida does not provide
Unlike many states, Florida does not currently have a statute giving survivors of domestic violence a general right to end a private lease early. Bills to create one were filed in 2025 and 2026 and both died in committee (Florida Senate, HB 619 (2025); HB 107 (2026)). Survivors in federally assisted housing may have rights under the Violence Against Women Act, including emergency transfer protections (34 U.S.C. § 12491). If you are in danger, the National Domestic Violence Hotline is available at 800.799.7233 (National Domestic Violence Hotline).
Leaving at the end of the term: notice rules
Many Miami leases require you to give notice before the end of the term if you will not renew. Florida limits that requirement: a lease may not require less than 30 days’ or more than 60 days’ notice, and the same limits apply to the landlord (§ 83.575). If you stay past the end of the lease with the landlord’s consent without having given the required notice, you can be liable for an additional month’s rent (§ 83.575).
Month to month tenancies can be ended by giving at least 30 days’ notice before the end of any monthly period (§ 83.57).
Condo rentals: a Miami specific issue
Many Miami renters lease units in condominium buildings from individual owners. If your landlord falls behind on association dues and the association demands that you pay rent directly to it, Florida’s retaliation statute protects a tenant who pays rent to a condominium, cooperative, or homeowners’ association after demand from the association (§ 83.64). If you are caught in that situation and want to leave, document every demand and payment before you negotiate an exit.
How to break a Miami lease as cheaply as possible
- Find your addendum. If you signed an early termination fee addendum, follow its notice terms exactly.
- Check for a statutory right under Sections 83.682, 83.56(1), or 83.63.
- Talk to the landlord early. Offer to help find a replacement tenant and to keep the unit show ready.
- Put any deal in writing, including a release from future rent.
- Protect your deposit. Send your 7 day notice with a forwarding address by certified mail or personal delivery (§ 83.49(5)), then watch for the landlord’s 15 and 30 day deposit deadlines (§ 83.49(3)).
Where to get help
FloridaLawHelp.org lists free legal aid organizations serving Miami Dade County (FloridaLawHelp.org).
What leaving early might cost: an illustration
The numbers below are a simplified illustration using the Miami median gross rent of $1,758 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 $3,516, 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 $1,758, 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 $5,274, 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
Can my landlord charge more than two months’ rent as an early termination fee?
Not under the Section 83.595 addendum, which caps liquidated damages or an early termination fee at two months’ rent (§ 83.595(4)). If you did not sign the addendum, the landlord’s other remedies apply instead.
I am moving abroad for work. Is that a legal reason to break my lease?
A job move is not a statutory termination ground in Florida. Your options are the addendum, if you signed it, or a negotiated release, with the landlord’s remedies under Section 83.595 as the fallback (§ 83.595).
How much notice do I need to give if I am month to month?
At least 30 days before the end of a monthly period (§ 83.57).
Sources
- Florida Statutes § 83.595
- Florida Statutes § 83.682
- Florida Statutes § 83.56
- Florida Statutes § 83.63
- Florida Statutes § 83.575
- Florida Statutes § 83.57
- Florida Statutes § 83.64
- Florida Statutes § 83.49
- Florida Senate, HB 619 (2025)
- Florida Senate, HB 107 (2026)
- 34 U.S.C. § 12491, Legal Information Institute
- U.S. Census Bureau QuickFacts, Miami city
- FloridaLawHelp.org