7-DAY NOTICE: LANDLORD TO TENANT
My Tenant is violating the terms of the Lease Agreement, what can I do as the Landlord?
From “no pets allowed” to “no loud music after hours,” there are many provisions and policies landlords make for the benefit of the property and/or their neighbors. However, often times landlords find themselves in awkward situations because they discover their tenant is violating the terms of their lease agreement even after bringing the violations to their tenant’s attention. What can landlords do if a tenant is violating the terms of their lease agreement?
As mentioned, most landlords will try and reach out personally to their tenants to talk about any issues and violations, but some tenants refuse to comply even after cordial discussions. In the event of non-compliance with material terms of a lease agreement, landlords have the right under Florida Statute 83.56 (Termination of rental agreement) to file what is called a seven-day notice.
What is a seven-day notice?
A seven-day notice is the statutory notice requirement under Florida law to notify a tenant that they have violated material provisions of their lease agreement. The seven-day notice informs the tenant of: (1) the specific lease provision they have violated; and (2) the seven days the tenant is given to fix this issue. If the issue is not fixed, you as the landlord can terminate the lease. If the tenant still refuses to comply with the lease agreement even after you gave them the seven-day notice, you can now give the tenant a seven-day notice to vacate.
What if my tenant refuses to leave?
After you serve your tenant with these notices and the tenant still refuses to move out, you as the landlord can sue your tenant in court. If you win, you will get a judgment for possession and the court will issue a final 24-hour notice, which is called a “writ of possession.” The writ of possession is given to the sheriff who then posts the notice on the rental property. If the tenant still refuses to leave the rental property after service of the 24-hour notice, the sheriff can then forcibly remove the tenant from the rental property and padlock the doors so that they cannot enter anymore.
What if my renter makes the same violation during the lease?
In the event that your tenant violates the same provision or violates a similar provision within twelve (12) months, the lease agreement can be terminated without further warning from you, the landlord. Additionally, you as the landlord do not have to provide your tenant with the opportunity to cure the noncompliance.
This is a broad overview of what can happen if you tenant fails to comply with material provisions of a lease agreement. At J. Perez Legal P.A., we have over twenty years serving landlords in Broward County and all-over South Florida due to their tenants’ failure to comply with material lease provisions; our experienced real estate attorneys fight hard to protect the rights of landlords. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.
From “no pets allowed” to “no loud music after hours,” there are many provisions and policies landlords make for the benefit of the property and/or their neighbors. However, often times landlords find themselves in awkward situations because they discover their tenant is violating the terms of their lease agreement even after bringing the violations to their tenant’s attention. What can landlords do if a tenant is violating the terms of their lease agreement?
As mentioned, most landlords will try and reach out personally to their tenants to talk about any issues and violations, but some tenants refuse to comply even after cordial discussions. In the event of non-compliance with material terms of a lease agreement, landlords have the right under Florida Statute 83.56 (Termination of rental agreement) to file what is called a seven-day notice.
What is a seven-day notice?
A seven-day notice is the statutory notice requirement under Florida law to notify a tenant that they have violated material provisions of their lease agreement. The seven-day notice informs the tenant of: (1) the specific lease provision they have violated; and (2) the seven days the tenant is given to fix this issue. If the issue is not fixed, you as the landlord can terminate the lease. If the tenant still refuses to comply with the lease agreement even after you gave them the seven-day notice, you can now give the tenant a seven-day notice to vacate.
What if my tenant refuses to leave?
After you serve your tenant with these notices and the tenant still refuses to move out, you as the landlord can sue your tenant in court. If you win, you will get a judgment for possession and the court will issue a final 24-hour notice, which is called a “writ of possession.” The writ of possession is given to the sheriff who then posts the notice on the rental property. If the tenant still refuses to leave the rental property after service of the 24-hour notice, the sheriff can then forcibly remove the tenant from the rental property and padlock the doors so that they cannot enter anymore.
What if my renter makes the same violation during the lease?
In the event that your tenant violates the same provision or violates a similar provision within twelve (12) months, the lease agreement can be terminated without further warning from you, the landlord. Additionally, you as the landlord do not have to provide your tenant with the opportunity to cure the noncompliance.
This is a broad overview of what can happen if you tenant fails to comply with material provisions of a lease agreement. At J. Perez Legal P.A., we have over twenty years serving landlords in Broward County and all-over South Florida due to their tenants’ failure to comply with material lease provisions; our experienced real estate attorneys fight hard to protect the rights of landlords. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.