Virgin Islands Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit - Past Due Rent

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Multi-State
Control #:
US-00882BG
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Word; 
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Description

A tenant at will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a tenant-at-will after the tenant has been give the statutory notice to quit the premises.

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FAQ

The seven day notice to cure is a statutory notice required under Florida Statute 83.56 (2) when a tenant fails to comply with Florida Statutes 83.52 (Tenant's obligation to maintain the dwelling unit) or material provisions of the lease agreement, other than the failure to pay rent.

Once you issue the notice to the tenant, the tenant has a full seven days to cure the violation, including weekends and holidays. This means that you may not issue a notice to vacate if the violation reoccurs during that seven-day period.

Florida 7-Day Notice to Vacate: This form is used when a Tenant breaks the Lease and there is no option for the Tenant to cure the defect. Florida Complaint for Eviction and Damages: If a Tenant does not comply after a 3 and 7-Day Notice, Landlords can use this form to initiate eviction proceedings.

Where the landlord fails to maintain the leased premises, the tenant is required to give the landlord 7 Day Notice to perform the repairs. The notice must itemize the repairs that the landlord is required to make. Then the landlord has seven days to make a reasonable effort to perform the repairs.

Failure to comply can be devastating for a Tenant that is living with violations. If a Landlord fails to remove the violations, a Tenant can withhold rent. First, they must serve the Landlord with a 7 Day Notice to Cure. If they fail to cure it within 7 days, a Tenant can withhold rent.

Once a material violation has occurred the landlord can then issue a seven day notice for the tenant to cure the violation or, in some cases, to immediately terminate the lease. The calculation of the seven days does not include the day that the notice is served, but it does any weekends or legal holidays.

Stat. § 83.56(3) (2022).) Seven-Day Notice to Cure: When a tenant violates the lease or rental agreement and the violation can be corrected, the landlord can give the tenant a seven-day notice to cure. The notice must give the tenant seven days to fix the violation.

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.

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Virgin Islands Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit - Past Due Rent