What is the notice required when terminating a lease?
Full Question:
My landlord has breeched our agreement due to entering the premises. We are going to give them a written 60 day notice that we are leaving. Is this reasonable?
11/08/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Florida |
#11888
Answer:
The following are Florida statutes:
83.53 Landlord's access to dwelling unit. —
(1) The tenant shall not unreasonably withhold consent to the landlord
to enter the dwelling unit from time to time in order to inspect the
premises; make necessary or agreed repairs, decorations, alterations, or
improvements; supply agreed services; or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers, or
contractors.
(2) The landlord may enter the dwelling unit at any time for the
protection or preservation of the premises. The landlord may enter the
dwelling unit upon reasonable notice to the tenant and at a reasonable time
for the purpose of repair of the premises. "Reasonable notice" for the
purpose of repair is notice given at least 12 hours prior to the entry, and
reasonable time for the purpose of repair shall be between the hours of
7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when
necessary for the further purposes set forth in subsection (1) under any of
the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal
to one-half the time for periodic rental payments. If the rent is current
and the tenant notifies the landlord of an intended absence, then the
landlord may enter only with the consent of the tenant or for the
protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass
the tenant.
83.54 Enforcement of rights and duties; civil action. —
Any right or duty declared in this part is enforceable by civil action.
83.55 Right of action for damages. —
If either the landlord or the tenant fails to comply with the
requirements of the rental agreement or this part, the aggrieved party
may recover the damages caused by the noncompliance.
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 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).
83.57 Termination of tenancy without specific term. —
A tenancy without a specific duration, as defined in s. 83.46(2) or (3),
may be terminated by either party giving written notice in the manner
provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60
days' notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than
30 days' notice prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15
days' notice prior to the end of any monthly period; and
(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.
83.575 Termination of tenancy with specific duration. —
(1) A rental agreement with a specific duration may contain a provision
requiring the tenant to notify the landlord before vacating the premises at
the end of the rental agreement; however, a rental agreement may not
require more than 60 days' notice before vacating the premises.
(2) A rental agreement with a specific duration may provide that if a
tenant fails to give the required notice before vacating the premises at
the end of the rental agreement, the tenant may be liable for liquidated
damages as specified in the rental agreement if the landlord provides
written notice to the tenant specifying the tenant's obligations under the
notification provision contained in the lease and the date the rental
agreement is terminated. The landlord must provide such written notice to
the tenant within 15 days before the start of the notification period
contained in the lease. The written notice shall list all fees, penalties,
and other charges applicable to the tenant under this subsection.
(3) If the tenant remains on the premises with the permission of the
landlord after the rental agreement has terminated and fails to give notice
required under s. 83.57(3), the tenant is liable to the landlord for an
additional 1 month's rent.
