Start with how possession returned
Section 83.595 addresses remedies following specified circumstances involving a writ, surrender, or abandonment after a residential breach. Record the move-out facts, key return, communications, and the landlord’s subsequent use of the premises. Do not let an accounting entry substitute for a decision about remedies.
Review the available elections
The statute includes retaking for the landlord’s own account, retaking for the tenant’s account with a good-faith reletting obligation and credits, standing by, and an agreed liquidated-damages or early-termination option meeting statutory requirements. These paths do not justify collecting every possible category at once.
Check the addendum
The statutory liquidated-damages option includes a separate signed acceptance and a cap of two months’ rent, along with limits on additional rent and other requirements. Give the firm the actual signed version, not an unsigned template or the property manager’s summary.
Make the numbers traceable
Prepare a ledger showing accrued charges, possession date, repair items, marketing efforts, replacement rent, and credits. Keep deposit handling on a separate track for review. A proposed settlement should explain both the amount requested and the obligations it resolves.
Prepare for your conversation
Sources & further reading
Section 83.595, Florida Statutes ↗Source links checked during preparation on November 4, 2026. Statutes, lease terms, court orders, and the facts of a particular matter must be reviewed together.
