Miami-Dade Florida Letter from Tenant to Landlord responding to Notice to Terminate for Noncompliance - Noncompliant condition caused by Landlord's own deliberate or negligent act

State:
Florida
County:
Miami-Dade
Control #:
FL-1035LT
Format:
Word; 
Rich Text
Instant download

Description

This form covers the subject matter described in the form's title for your State. This letter is written by a Tenant to a Landlord in response to Landlord's notice of eviction. Tenant asserts that the conditions which caused Landlord to evict Tenant were a result of Landlord's or Landlord's agents actions. Tenant requests non-eviction and repairs to the property immediately. Tenant reserves his/her legal rights at law to sue, etc.

Keywords: Miami-Dade Florida, Letter from Tenant to Landlord, Notice to Terminate, Noncompliance, Noncompliant condition, Landlord's own deliberate or negligent act. Subject: Response to Notice to Terminate for Noncompliance — Discussing Noncompliant Condition Caused by Landlord's Actions Dear [Landlord's Name], I hope this letter finds you well. I recently received your Notice to Terminate for Noncompliance regarding the [specific noncompliant condition] on [date]. After careful consideration, I feel obligated to respond to the notice and address the issue at hand. First and foremost, it is important to acknowledge that the noncompliant condition mentioned in your notice is a direct result of your own deliberate or negligent act. Having signed the lease agreement with the expectation of living in a safe, habitable, and well-maintained rental property, I find myself deeply concerned about the situation that has transpired. It is evident that the noncompliant condition directly stems from your failure to [describe the landlord's neglectful or deliberate act causing the condition]. This act of negligence has compromised not only my rights as a tenant but also my overall quality of living and security. Under the Miami-Dade Florida Landlord-Tenant laws, it is implied that landlords have a legal responsibility to ensure that the leased premises comply with all applicable building, housing, and health codes at all times. Therefore, I kindly request your immediate attention and resolution to this matter to reinstate the integrity of the rental property and fulfill the obligations outlined in the lease agreement. In light of the aforementioned obligations, I propose the following course of action to rectify the current noncompliant condition: 1. Immediate Inspection: I request that you arrange for a professional inspection of the property by a reputable contractor or inspector. This will help accurately determine the extent of the noncompliance and its potential impact on my health and safety. 2. Prompt Repairs: Based on the inspection report, I insist that you carry out the necessary repairs and maintenance to address the noncompliant condition promptly. These repairs should be performed by licensed professionals well-versed in the specific issue to ensure a durable solution. 3. Compensation or Rent Adjustment: Due to the inconvenience caused by the noncompliant condition and any subsequent repairs, I believe it is fair to discuss reasonable compensation or a rent adjustment for the affected period. In accordance with the Miami-Dade Florida regulations, tenants can be entitled to such remedies when dealing with noncompliance caused by the landlord's acts. I kindly request your written response within [reasonable timeframe] to this letter. Failure to address this matter adequately may leave me with no other choice but to explore legal remedies available under Miami-Dade Florida's landlord-tenant laws. Lastly, I want to reiterate my commitment to maintaining a positive landlord-tenant relationship. By promptly addressing this noncompliance issue, we can avoid any unnecessary escalation and preserve the amicable nature of our landlord-tenant relationship moving forward. Thank you for your prompt attention to this matter. I trust that you will take the necessary steps to ensure my compliance rights are protected and that the rental property returns to a safe, habitable condition as soon as possible. I look forward to your prompt response. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number]

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FAQ

A contract is an agreement between parties for performance. When a landlord backs out of a signed lease after accepting a security deposit, he's obligated by law to return that security deposit. If he doesn't, a judge will point him in the right direction.

(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

LANDLORDS CANNOT JUST THROW YOU OUT. Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order.

If the tenant doesn't move out and doesn't pay the rent, the landlord can start an eviction proceeding by filing a summons and complaint in a court in the county where the rental property is located. Also, a tenant who refuses to leave may have to pay double the rent for the time the tenant stays in the rental.

Your notice will not be valid if: you're not given enough notice. your landlord waits too long to apply to court. you receive the notice during the first 4 months of your original tenancy.

At the end of the fixed term, the landlord does not need a reason to evict you. As long as they've given you correct notice, they can apply to the court for a possession order.

Landlords can't terminate fixed-term tenancies without cause?they must wait until the term of the tenancy ends. Then, it's simply a matter of not renewing the tenant's lease. And, unless the lease states otherwise, Florida landlords don't have to give tenants notice that the lease isn't being renewed.

If the court grants a possession order and tenants still don't leave, landlords must apply for a warrant for eviction ? meaning bailiffs can remove tenants from the property. A possession order won't take effect until tenants have been living in the property for at least six months.

Notice Requirements for Florida Landlords A landlord can simply give you a written notice to move, allowing you 15 days as required by Florida law and specifying the date on which your tenancy will end.

Contact the local housing authorities: If the issue is in violation of state or local housing code, contact local housing authorities for an inspection and report. Your landlord could then be ordered by housing officials to fix the problem.

More info

Noncompliance or Retaliation as Defense in Eviction Action . Repair: See Section 83.51 landlord is legally obligated to keep property up to code. Some Themes in Landlord-Tenant Law. 2. For better criminal justice and mental health systems. No one person in the country knows more about mental illness, co-occurring substance abuse disorders,. The court must consider all relevant factors alleged in the petition for injunction for protection against domestic violence, including, but not limited to:.

It's fast. We're not sure if the landlord has the right to enter your rented home without your prior consent or for reasons other than the Notice to Terminate. See, for example, a Florida landlord's right to inspect and repair in Florida, Florida landlord's right to enter leased property to inspect and repair without prior notice. For more about Landlord's right to enter and inspect the dwelling unit see Florida Statute See Florida Statute (7)(d×. Florida Letter from Tenant to Landlord responding to Notice to Terminate for Noncompliance — Noncompliant condition caused by Landlord's own deliberate or negligent act, in a rental unit leased by a landlord, where the condition is a substantial or serious threat to health, safety, welfare, or property, and the Tenant is being evicted without proper authority. See, for example, Florida Statute (6)(b×, Florida Statute (11)(h×, Florida Statute (14×, Florida Statute (18×, Fla. Stat.

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Miami-Dade Florida Letter from Tenant to Landlord responding to Notice to Terminate for Noncompliance - Noncompliant condition caused by Landlord's own deliberate or negligent act