Fla. Stat. § 83.40 et seq. § 83.682
Termination of rental agreement by a servicemember.
Operative Text
(1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice which is at least 30 days after the landlord’s receipt of the notice if any of the following criteria are met: (a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty; (c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember’s home of record before entering active duty or state active duty; (d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters. For purposes of this paragraph, the term “government quarters” means any military housing option that is available to a servicemember, including privatized military housing that is owned, operated, or managed by a private sector company; (e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or (f) The servicemember has leased the property, but before taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises. (2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer. (3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember’s rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord’s receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember’s commanding officer and a copy of the servicemember’s death certificate. (4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
Florida Statute § 83.682 gives active-duty servicemembers—and, in the event of their death, an adult immediate family member—the right to end a rental agreement early without owing additional rent or penalties beyond what is owed through the termination date. To exercise this right, the servicemember or family member must provide the landlord with written notice at least 30 days in advance, accompanied by official military orders or a commanding officer's verification. The qualifying circumstances include permanent change-of-station moves, involuntary discharge, orders to government quarters, extended temporary duty orders, and situations where orders change before the servicemember even takes possession of the unit. These protections cannot be waived or altered by any lease agreement.
Plain English — not legal advice.
Under Fla. Stat. § 83.682, landlords who receive a qualifying termination notice from a servicemember are generally expected to accept the early termination without assessing additional rent, fees, or damages beyond the prorated rent owed through the stated effective date. Compliant operators verify that the written notice is accompanied by a copy of official military orders or a signed statement from the servicemember's commanding officer before processing the termination. Because § 83.682(5) explicitly prohibits waiving or modifying these protections by agreement, lease clauses that attempt to impose early-termination penalties on servicemembers are unenforceable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 83.682 protects servicemembers who need to break a lease due to qualifying military circumstances—such as permanent change-of-station orders, involuntary discharge, orders to government quarters, or extended temporary duty—by limiting financial liability to prorated rent through the termination date only. To invoke this protection, a servicemember or, in the case of the servicemember's death, an adult immediate family member should provide the landlord with written notice at least 30 days before the intended termination date, along with official military orders or a commanding officer's written verification. Tenants who believe a landlord is improperly withholding a security deposit or assessing unlawful fees in violation of § 83.682 may consider reaching out to a local tenant-rights organization or Florida legal aid office to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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