Can a Servicemember End a Florida Lease Early?

The statute lists the qualifying events. They include permanent change of station orders requiring a move of 35 miles or more, a premature or involuntary discharge or release from active duty or state active duty, and orders to move into government quarters. Temporary duty or state active duty orders to an area 35 miles or more away also qualify if they last more than 60 days, as do changed orders received after signing a lease but before moving in.

The notice must include a copy of the official military orders or a written verification signed by the servicemember's commanding officer. If a servicemember dies during active duty, an adult member of the immediate family may terminate the lease with the same 30 day notice, the orders or verification, and a copy of the death certificate.

After termination, the tenant owes rent prorated to the effective date of termination, payable when it otherwise would have been due. The tenant is not liable for other rent or damages because of the early termination. If the tenant terminates 14 or more days before occupancy, no damages or penalties of any kind may be assessed.

Section 83.682(5) provides that these protections cannot be waived or modified by agreement. Federal law under the Servicemembers Civil Relief Act may also apply. Lease topics are covered on Easler Law PLLC's real estate attorneys page.