The Florida Landlord – Tenant Statute contains two liquidated damages provisions allowing the landlord an opportunity to impose liquidated damages on the tenant for early termination or for failure to give notice of intent not to renew the lease.
§83.595 (4) was added to the statute in 2004 to allow the landlord to charge liquidated damages if a tenant breached the lease by vacating before the lease was up (i.e. an “early termination fee”). The fee may not be more than two months rent. For early termination, the landlord may not require the tenant to give notice of early termination more than sixty days in advance. The liquidated damages provision must be contained in a separately signed lease addendum 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.
§83.575 was also added to the landlord tenant statute in 2004 allowing the landlord to require the tenant to provide up to 60 days notice of intent to vacate at the end of a rental agreement of fixed duration, or face liquidated damages for failing to notify the landlord that the tenant is not renewing the lease. The statute, however, requires the landlord to first provide the tenant a “reminder notice” of the liquidated damages 15 days before the tenant’s notice period expires.
Otherwise, if the tenant remains on the premises after the lease has expired the tenant would be liable for the month in which they held over, plus one extra month damages if it was WITH PERMISSION 836.575 (3), or double rent per-diem under 83.58 if it was WITHOUT PERMISSION