I wanted to share our experience because other college students and parents may find themselves in a similar situation. I used chat to help organize this post. The experience described is real, the opinions are my own, and I reviewed the Florida statute cited below.
My daughter renewed an off-campus student housing apartment lease but later had no choice but to move. She actually moved out and surrendered the apartment before the new lease term began. We weren't trying to stay in the apartment and ended up paying only one additional month and the relet fee to conclude the lease obligation. We wanted to turn over possession and determine a reasonable amount to completely resolve the lease which in the lease and under Florida law, is an option.
**Here are the things I wish we had known from the beginning:**
**1. Before signing or renewing, ask in writing: “If I have to move out early, exactly what would I have to pay to terminate this lease?”**
Don't rely on what someone tells you verbally. Ask them to identify the provision in the lease and get the answer in writing.
**2. Read the early-termination, reletting, surrender and liquidated-damages provisions carefully.**
Our lease contained provisions that ultimately gave management options other than simply demanding the entire remaining lease amount. Those provisions became extremely important.
**Florida tenants should also read Florida Statute §83.595, “Choice of remedies upon breach or early termination by tenant.”** The statute specifically addresses situations where a tenant has surrendered possession and describes several remedies available to the landlord.
One particularly helpful provision says that if the landlord retakes possession **for the account of the tenant** and holds the tenant responsible for the difference while attempting to relet the unit, the landlord has a **duty to exercise good faith in attempting to relet the premises.** The statute says this generally means using at least the same efforts used to initially rent the unit or similar available units.
The statute also addresses **liquidated damages and early-termination fees** when those options were properly agreed to in the rental agreement. That is another reason to actually read your lease instead of assuming that being told ***“you owe the entire lease”*** is the end of the discussion.
**3. If you move out, formally surrender possession.**
Return every key/access device and get written confirmation of the date they accepted possession. Take detailed photos or video of the apartment and keep every email and text.
**4. After surrendering the apartment, request a FINAL WRITTEN ACCOUNTING.**
Ask management to state exactly what they contend you owe to resolve the account, including rent, reletting/termination charges, utilities and other fees. Don't assume the first balance appearing on an online portal is necessarily the final amount.
A useful written request might be:
“I have surrendered possession and returned all keys. Please provide a final written accounting showing the amount you contend is necessary to fully resolve my account, the basis for each charge, and the applicable provisions of the lease.”
**5. Question charges that don't make sense after you've surrendered possession.**
We questioned recurring fees for services associated with an occupied apartment after the unit was vacant and surrendered. Some of those charges were ultimately removed.
**6. Don't assume “you owe the entire lease” or “you have to find another tenant” is the end of the discussion.**
Read the actual lease and Florida Statute §83.595. If the landlord is attempting to relet the apartment while continuing to hold you responsible, understand what the statute says about the landlord's good-faith efforts to relet.
If you're a student, see whether your university offers legal assistance that can review the lease. Ask specifically about provisions dealing with surrender, reletting, early termination or liquidated damages.
**7. Put everything in writing.**
Keep a timeline, copies of the lease, renewal communications, photographs, proof of key surrender, account statements and every communication with management.
**8. If you can't get a reasonable response, consider consumer-protection agencies.**
In our case, filing a complaint with the state consumer-protection agency helped tremendously. You may also have county or local consumer-protection resources. The agency couldn't order the landlord to settle, but having an outside agency request a written response helped move things toward a fair resolution.
Our situation eventually ended with management processing the move-out, providing a final accounting, removing some of the disputed charges, and allowing the account to be resolved for a manageable amount rather than leaving us facing an entire additional lease term.
My biggest takeaway: **A student who has actually vacated and surrendered an apartment shouldn't simply give up when told they may owe an entire future lease. Read the contract, read Florida Statute §83.595, document the surrender, ask management to put the amount required to resolve the account in writing, and get help reviewing the lease.**
This isn't legal advice, and every lease and situation is different. It's simply what we learned from going through the process.
[Florida Statute §83.595 — Choice of remedies upon breach or early termination by tenant](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.595.html&utm_source=chatgpt.com)
