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Florida Statutes 83.56 - Termination of rental agreement

Florida Statutes > Chapter 83 > Part II > 83.56


Current as of: 2012
   (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 the dwelling 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).
Florida Statutes 83.55 - Right of action for damagesPart II Table of ContentsFlorida Statutes 83.57 - Termination of tenancy without specific term

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Comments (10)add comment
Nancy Hernandez: ...
I have 3 questions.
When it is section 8 on the notice of termination for failure to pay rent I should include the cost of filling and court cost? And in the final judgment for tenant removal I should include cost of filling and court cost? When it is for section 8 rent I should demand only the tenant portion because I have received government rent?
1

April 10, 2012
erin ahner: ...
Hi! My tenant refused to sign her rental agreement, so we are on an oral agreement. She has now complained to the building department and health department. We had agreed orally to a pet deposit. She now refuses to pay it. I sued for eviction after giving her two seven days notice of non compliance re pet deposit. It was dismissed since she is saying it was never agreed upon. She is withholding all rent...Statute states it has to be wholly untenantable for her to do so. She is still residing there and won't allow anyone in for repairs. Do you have any suggestions for me to be able to remove this person? Oh, and now she is saying she will get a restraing order against my property manager!
Thank You!!
2

February 06, 2013
Steven Daily: ...
Erin,
It sounds like you went about the eviction the wrong way. If there is no specific lease term, and she is simply living there month to month, you should have simply sent her a 15-day notice. You don't need to establish that she has failed to pay a pet deposit, or failed to pay rent. This 15-day notice simply means, "It is time to leave." You can read about it here:

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_83-57

Steve Daily
LawServer.com
3

February 06, 2013
blindfaith73: ...
Our land lord did not serve us a 3 day eviction notice, He claims that he did on the 28th of the month but came by 4 days later and took a partial payment of 200 and no mention of the 3 day eviction notice, does this mean he messed up or what??
4

February 06, 2013
Puzzled: ...
Helping my mother sever relationship with current Florida tenant. I've drafted 3-day notice of termination for failure to pay rent combined with 15-day notice of month to month tenancy termination.

I thought rent outstanding was $1200 (March) + $200 (Feb underpayment) not including late fees and letter drafted indicated ".....indebted to me in the sum of $1400 for the rent..." And included clause related reserving the right ....DAMAGES FOR UNPAID RENT....which I hoped would allow follow-up related to late fees.

In reviewing the accounting and lease, the lease indicates "all payments received by the Landlord from the Tenant must first be applied to non-rent responsibilities of Tenant including repairs, returned check charges, late payments ......if any, then to rent regardless of notations on a check." Per my mother's accounting, with late charges applied first, more than $4000 is actually outstanding (late/under payment has been an ongoing problem). Late fees per lease include $11 initial charge plus $11 daily with 5-day grace period. Consequently, it seems like the correct amount for the rent outstanding is actually the >$4000 figure.

Are we interpreting the statute correctly that the $4000+ figure may be used .....or do we need to revert to the $1400? Although my mother has not sent monthly statements, she has consistently messaged what was outstanding and reminded regarding late fees. What, if any, are the risks or things we need to pay attention to here to optimize her success in recovering both the rent and late fees in total?

Many thanks for any advice.
5

March 06, 2013
Zandra M: ...
Hi, i just signed a yr lease at a duplex in FL and have no found out I need to move back home to WI to help my aging parents with their home business. My mother has MS and is unable to perform many duties around the orchard that they own. I paid 6 mo's rent in advance. I do plan to stay here for 2 months yet and move the end of May. Will I have to forfeit all my advance rent if i give the landlord 2 mo's notice that I will be leaving the end of May? At the time of signing the lease I had every intention of staying here. This is a situation that I have no control over.

thank you
6

March 10, 2013
Zandra M: ...
Also in reviewing my lease there is no where in there about early termination or forfeiture of advance rent. It only makes reference to this statute in random places.

thank you again
7

March 10, 2013
Pete : ...
Release of a lease for medical reasons. Is there ant law that provides this
8

May 07, 2013
Sheryl: ...
I am a tenant at the same property for 5 years. Over this time, I have been late w/the rent and had a few checks returned but have always paid them plus fees and my rent is now current. My property mgr sent me this email: " the owners are demanding full payment of your May, 2013 rent and will not continue to accept partial payments. You have been consistently late with your rent payments, returned checks, and are in violation of the terms of the lease. Therefore they are asking you to vacate the property as soon as possible or eviction notices will be filed. I am sorry for this information but I must adhere to the wishes of our clients. " is this considered legal notice? I have sent him several emails back offering to pay my rent in cash or ceritifed funds if they will allow me to at least finsih out my lease and even wrote them a letter but have had no response. Can they legally evict me?
9

May 20, 2013
Anthony: ...
I have a 3day notice to leave my rental apt.What can I do to stay longer to pay my RENT for the month.Can I really be out of my apartment in 3 days.Is there any help for me to stay here longer .Please give some advice
10

October 03, 2013

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