7 day Notice of Material Noncompliance with Lease or Rental Agreement - Residential - 7 days to Cure from Landlord to Tenant
Title VI, Ch. 83, Sec. 83.56 -- Termination of rental
agreement:
(1) If the landlord materially fails to comply
with s. 83.51(1) or material provisions of the rental agreement within
7 days after delivery of written notice by the tenant specifying the noncompliance
and indicating the intention of the tenant to terminate the rental agreement
by reason thereof, the tenant may terminate the rental agreement. If the
failure to comply with s.83.51(1) or material provisions of the rental
agreement is due to causes beyond the control of the landlord and the landlord
has made and continues to make every reasonable effort to correct the failure
to comply, the rental agreement may be terminated or altered by the parties,
as follows:
(a) If the landlord's failure to comply
renders the dwelling unit untenantable and the tenant vacates, the tenant
shall not be liable for rent during the period the dwelling unit remains
uninhabitable.
(b) If the landlord's failure to comply
does not render thedwelling unit untenantable and the tenant remains in occupancy,
the rent for the period of noncompliance shall be reduced by an amount
in proportion to the loss of rental value caused by the noncompliance.
(2) If the tenant materially fails to comply
with s. 83.52 or material provisions of the rental agreement, other than
a failure to pay rent, or reasonable rules or regulations, the landlord
may:
(a) If such noncompliance is of a nature
that the tenant should not be given an opportunity to cure it or if the
noncompliance constitutes a subsequent or continuing noncompliance within
12 months of a written warning by the landlord of a similar violation,
deliver a written notice to the tenant specifying the noncompliance and
the landlord's intent to terminate the rental agreement by reason thereof.
Examples of noncompliance which are of a nature that the tenant should
not be given an opportunity to cure include, but are not limited to, destruction,
damage, or misuse of the landlord's or other tenants' property by intentional
act or a subsequent or continued unreasonable disturbance. In such event,
the landlord may terminate the rental agreement, and the tenant shall have
7 days from the date that the notice is delivered to vacate the premises.
The notice shall be adequate if it is in substantially the following form:
You are advised that your lease is terminated
effective immediately. You shall have 7 days from the delivery of this
letter to vacate the premises. This action is taken because (cite
the noncompliance).
(b) If such noncompliance is of a nature
that the tenant should be given an opportunity to cure it, deliver a written
notice to the tenant specifying the noncompliance, including a notice that,
if the noncompliance is not corrected within 7 days from the date the written
notice is delivered, the landlord shall terminate the rental agreement
by reason thereof. Examples of such noncompliance include, but are not
limited to, activities in contravention of the lease or this act such as
having or permitting unauthorized pets, guests, or vehicles; parking in
an unauthorized manner or permitting such parking; or failing to keep the
premises clean and sanitary. The notice shall be adequate if it is in substantially
the following form:
You are hereby notified that (cite the
noncompliance) . Demand is hereby made that you remedy the noncompliance
within 7 days of receipt of this notice or your lease shall be deemed terminated
and you shall vacate the premises upon such termination. If this same conduct
or conduct of a similar nature is repeated within 12 months, your tenancy
is subject to termination without your being given an opportunity to cure
the noncompliance.
(3) If the tenant fails to pay rent when due
and the default continues for 3 days, excluding Saturday, Sunday, and legal
holidays, after delivery of written demand by the landlord for payment
of the rent or possession of the premises, the landlord may terminate the
rental agreement. Legal holidays for the purpose of this section shall
be court-observed holidays only. The 3-day notice shall contain a statement
in substantially the following form:
You are hereby notified that you are indebted
to me in the sum of _____ dollars for the rent and use of the premises
(address of leased premises, including county) , Florida, now occupied
by you and that I demand payment of the rent or possession of the premises
within 3 days (excluding Saturday, Sunday, and legal holidays) from the
date of delivery of this notice, to wit: on or before the _____ day of
_____, (year).
(landlord's name, address and phone number)
(4) The delivery of the written notices required by subsections
(1), (2), and (3) shall be by mailing or delivery of a true copy thereof
or, if the tenant is absent from the premises, by leaving a copy thereof
at the residence.
(5) If the landlord accepts rent with actual knowledge of
a noncompliance by the tenant or accepts performance by the tenant of any
other provision of the rental agreement that is at variance with its provisions,
or if the tenant pays rent with actual knowledge of a noncompliance by
the landlord or accepts performance by the landlord of any other provision
of the rental agreement that is at variance with its provisions, the landlord
or tenant waives his or her right to terminate the rental agreement or
to bring a civil action for that noncompliance, but not for any subsequent
or continuing noncompliance. Any tenant who wishes to defend against an
action by the landlord for possession of the unit for noncompliance of
the rental agreement or of relevant statutes shall comply with the provisions
in s. 83.60(2). The court may not set a date for mediation or trial unless
the provisions of s. 83.60(2) have been met, but shall enter a default
judgment for removal of the tenant with a writ of possession to issue immediately
if the tenant fails to comply with s. 83.60(2). This subsection does not
apply to that portion of rent subsidies received from a local, state, or
national government or an agency of local, state, or national government;
however, waiver will occur if an action has not been instituted within
45 days of the noncompliance.
(6) If the rental agreement is terminated, the landlord shall
comply with s. 83.49(3).
Title VI, Ch. 83, Sec. 83.595 -- Choice of remedies upon breach
by tenant:
(1) If the tenant breaches the lease for the dwelling unit
and the landlord has obtained a writ of possession, or the tenant has surrendered
possession of the dwelling unit to the landlord, or the tenant has abandoned
the dwelling unit, the landlord may:
(a) Treat the lease as terminated and retake
possession for his or her own account, thereby terminating any further
liability of the tenant; or
(b) Retake possession of the dwelling unit
for the account of the tenant, holding the tenant liable for the difference
between rental stipulated to be paid under the lease agreement and what,
in good faith, the landlord is able to recover from a reletting; or
(c) Stand by and do nothing, holding the
lessee liable for the rent as it comes due.
(2) If the landlord retakes possession of the dwelling unit
for the account of the tenant, the landlord has a duty to exercise good
faith in attempting to relet the premises, and any rentals received by
the landlord as a result of the reletting shall be deducted from the balance
of rent due from the tenant. For purposes of this section, "good faith
in attempting to relet the premises" means that the landlord shall use
at least the same efforts to relet the premises as were used in the initial
rental or at least the same efforts as the landlord uses in attempting
to lease other similar rental units but does not require the landlord to
give a preference in leasing the premises over other vacant dwelling units
that the landlord owns or has the responsibility to rent.
