Domestic Violence and Lease Breaks: FL 83.676 for Landlords

Your tenant called. They're a victim of domestic violence and need to break the lease. They mentioned something about Florida Statute 83.676. You want to help — but you also need to protect your property and follow the law. What are you required to do? Can you refuse? What about the security deposit and the remaining co-tenant? It's a sensitive situation, and the wrong response can land you in legal trouble or worse, put someone at risk.

Problem Statement

Domestic violence lease breaks put landlords in a tough spot. You're running a business, but you're also dealing with someone who is fleeing danger. Florida law has expanded protections for victims — and if you ignore them, you can face damages, attorney fees, and fair housing complaints. At the same time, you need to know what documentation to accept, how to handle the security deposit, and what to do when a co-tenant or the perpetrator remains. The law is clear: you can't refuse a valid termination. But "valid" has specific requirements.

Quick Answer

Under Florida Statute 83.676 , tenants who are victims of domestic violence, dating violence, sexual violence, or stalking can terminate their rental agreement early without penalty. You cannot refuse. You cannot evict them for being a victim. You cannot treat the early termination as a breach of the lease . They must provide written notice and documentation verifying their victim status. Termination is effective upon delivery. They don't forfeit money already paid (including security deposit), but they remain liable for rent through the termination date and any damage beyond normal wear. Keep their information confidential.

Florida Details: What 83.676 Requires

Who Qualifies

The statute covers victims of: Domestic violence — defined under Florida Statute 741.28 (assault, battery, stalking, etc. between family or household members) Dating violence — under Florida Statute 784.046 Sexual violence Stalking The protection extends to the tenant or the tenant's minor child who is a victim. The perpetrator cannot invoke this statute — only the victim. Documentation the Tenant Must Provide Unless you notify the tenant that documentation isn't needed, they must provide verification of victim status. Acceptable documentation typically includes: Final injunction for protection — A court order under Florida Statute 741.30 (domestic violence) or 784.046 (dating, sexual, repeat violence, stalking) Police report — Documenting the incident Documentation from a licensed healthcare or mental health provider — Who examined the victim and can attest to the abuse You can accept one of these. You don't get to demand multiple forms or second-guess the court. If the documentation is valid on its face, honor the termination. Notice and Effective Date The tenant provides written notice of intent to terminate and vacate due to the incident. Under the statute, termination is effective upon delivery of the notice and required documentation — not 30 days later. That means they can leave immediately. You should still process the termination date for rent calculation and security deposit return per your normal timeline. Security Deposit and Rent Liability No forfeiture. The tenant does not forfeit money already paid — including security deposit, last month's rent, or fees — simply because they're breaking the lease early under 83.676. Rent through termination. They remain liable for rent through the termination date. If they leave mid-month, prorate accordingly. Damage beyond wear and tear. You can still deduct from the security deposit for damage they or anyone else caused — same as any other move-out. Normal wear and tear is not deductible. Lock Changes and Re-Keying The statute requires landlords to change locks within a specified timeframe when a victim terminates under these circumstances, or allows the tenant to change locks themselves if you don't. If the perpetrator was on the lease or had access, re-keying protects the remaining occupants and the property. Treat lock change requests from victims as urgent — many statutes require compliance within 24 to 72 hours. If the victim is staying and the perpetrator is leaving, you may need to re-key so the perpetrator no longer has access. If the victim is leaving and a co-tenant remains, the co-tenant may still need new locks if the perpetrator had keys. VAWA and Federally Subsidized Housing If you own or manage property that receives federal housing assistance — Section 8, public housing, LIHTC, or similar — the Violence Against Women Act (VAWA) applies. VAWA protects victims from eviction and housing discrimination based on their status as survivors. It also requires confidentiality of abuse-related documentation. Private landlords without federal subsidies aren't subject to VAWA, but Florida's 83.676 fills much of that gap for in-state rentals. If you're in subsidized housing, make sure your compliance covers both. Confidentiality Keep any information indicating the tenant is a domestic violence victim confidential . Don't discuss it with other tenants, vendors, or anyone who doesn't need to know. Don't note it in reference responses for future landlords. Disclosure is generally permitted only when the tenant consents in writing, when it's relevant to an eviction proceeding, or when the law requires it. Violating confidentiality can expose you to liability.

What NOT to Do

Don't Refuse the Termination

You cannot refuse to honor a valid 83.676 termination. You cannot evict the tenant for being a victim. You cannot include lease provisions that treat early termination due to domestic violence as a breach. If you push back, the tenant can sue — and the statute authorizes damages, attorney fees, and costs for violations. Don't Charge Early Termination Fees The statute says the tenant terminates "without penalty." That means no early termination fee, no lease-break fee, no penalty for leaving before the lease end. Waive those. You can still collect rent through the termination date and deduct for damage. Don't Discriminate or Retaliate You cannot refuse to rent to someone because they were a victim of domestic violence. You cannot terminate or refuse to renew a lease because of victim status. Fair housing and 83.676 both protect survivors. If the victim is leaving and a co-tenant remains, treat the departure as a lease modification — not grounds to evict the remaining tenant solely because of the domestic violence. Don't Demand More Documentation Than the Law Requires If the tenant provides a valid protective order or police report, that's enough. Don't ask for a notarized statement, a letter from a therapist, or proof of where they're moving. The statute specifies what documentation verifies victim status. Stick to that. Don't Ignore Lock Change Requests If the victim or a remaining occupant requests a lock change because the perpetrator had access, do it quickly. Delaying can create a safety risk and potential liability. Don't Ask for More Info Than You Need You need to verify victim status. You don't need to know where they're moving, who they're staying with, or the details of the abuse. Asking invasive questions can feel like re-victimization and may create liability. Stick to the documentation.

When to Escalate

Call an attorney when: The documentation seems questionable — e.g., the dates don't align, or the named perpetrator isn't on the lease A co-tenant disputes the termination or refuses to pay their share The perpetrator is also on the lease and you're unsure about liability for rent or damage You're in federally subsidized housing — VAWA applies and has additional requirements Consider a property manager when:

• You want someone trained to handle sensitive situations with discretion
• You'd rather not be the one receiving and processing domestic violence documentation
• You need help with early lease termination scenarios across a portfolio

Co-Tenants and Remaining Liability

When the victim leaves and a co-tenant (or the perpetrator) remains, the remaining tenant is typically still bound by the lease. They're responsible for the full rent unless you agree to a lease modification or re-lease at a different amount. The victim is not liable for rent after their termination date. Proposed legislation has included provisions that would allocate rent liability between the victim and the perpetrator when both are on the lease — so the perpetrator, not the victim, bears the cost. Current law may not spell that out explicitly. If the perpetrator remains, you may have grounds to terminate their tenancy separately based on safety or lease violations. Don't assume you can evict the victim for leaving — you can't. But you can pursue the perpetrator for unpaid rent or damage. Consult an attorney when the lease has multiple parties and the dynamics are complex. Note on statute status: Florida has considered and enacted various domestic violence lease break protections. Legislation such as HB 619 (2025) and HB 107/SB 142 (2026) would expand or clarify these rights. If you're unsure whether 83.676 or equivalent protections apply to your situation, verify with a Florida landlord-tenant attorney or your property manager.

CTA

Domestic violence lease breaks are emotionally charged. Your job is to comply with the law, protect the victim's confidentiality, and handle the transition fairly. When you do it right, you're not just avoiding liability — you're giving someone a path to safety. If you'd rather focus on your investments and leave landlord responsibilities like this to professionals, a free rental analysis can show you what full-service management looks like.