How a 7 Day Notice to Cure helps Landlords and Tenants in Florida

How Does A 7 Day Notice to Cure Help Landlords in Florida?

How Does A 7 Day Notice to Cure Help Landlords in Florida?A Florida 7 Day Notice is advantageous to Landlords. They can give it to a Tenant that fails to maintain the property or commits non-monetary violations. As a result, they have 7 days to fix it. If it is removed, they can remain at the property.

However, if it occurs again within 12 months, an Eviction can be filed.  A Landlord will be required to prove that they have not been removed.  Failure to do so will harm their case.

There are two types of Violations:  Curable and Non-Curable.  83 lists examples that fall into these categories.

Curable:  (1) permitting unauthorized pets, guests, or vehicles (2) parking in an unauthorized manner or permitting such parking (3) failing to keep the premises clean and sanitary. They have 7 Days to cure any of these violations. 

Non Curable:  (1) destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance (2) criminal act committed at the disturbance. Unlike Curable Violations, the Tenant will receive a notice of Termination. If they fail to leave, an Eviction can be filed against them. 

If you are a Landlord that needs a 7 Day Notice, contact our office to learn about your rights.

In What Ways Does A 7 Day Notice to Cure Help Tenants in Florida?

Terminate the Lease

How Does A 7 Day Notice to Cure Help Landlords in Florida?The Florida 7 day Notice is a great resource.  For example,  a Landlord will receive Notice if they do not maintain the premises, roofs, windows, and all structural components. Thereafter, they have 7 days to remove the violation. The Tenant can terminate the lease if it is not removed.

If the Landlord tries to sue for damages, the Tenant has a viable defense. It is important that it is given 7 Days prior to the next Rental Period. Failure to comply can be devastating for a Tenant that is living with violations.

Withhold Rent

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.   However, they must be careful. If the Landlord believes the violations were fixed, they can still try to evict them.

If this occurs, the Tenant should file a Motion to Determine Rent and deposit the past rent into the registry. As a result, the Court will determine if withholding rent was lawful.

Ultimately, a Judge determines if the Landlord or Tenant violated the terms of the lease. Before sending a 7 day Notice, consult a South Florida Eviction Lawyer.

Where Can I Get The Best Possible Representation In A Landlord Tenant Case?

Brian and his team will give you the best advice and represent you in the landlord tenant dispute. With experience in Real Estate Law, we can assure you the results.

Our aim is to give you the best possible representation in your landlord tenant case. A 7 day notice benefits Landlords and Tenants. If you are unsure about your rights,  contact our office today at (954) 990-7552.