A 7 day Notice to Cure can benefit both Landlords and Tenants. Florida Statute 83.56 and 83.60 govern the 7 Day Notice Process. A Landlord can give a Tenant a 7 Day notice to Cure if the Tenant has failed to maintain the property or committed violations unrelated to rent. Upon receiving the notice, the Tenant has 7 days to fix the noncompliance. If the violation is removed within 7 days, they can continue to live at the property. However, if the same noncompliance is violated within 12 months of the notice, an Eviction can be filed.
For Tenants, the 7 day Notice to Cure is a great tool. If the Landlord did not maintain the premises, roofs, windows, and all structural components of the property, a Tenant can serve their Landlord a 7 day Notice to Cure. Thereafter, the Landlord must remove the violation within 7 days. If they fail to remove the violation within 7 days, the Tenant can terminate their lease. The 7 Day Notice to Cure must state the Tenant’s intention to terminate the lease.
If the Landlord fails to cure the violation within 7 days, a Tenant can withhold rent. The 7 Day Notice to Cure must address the Tenant’s Intention to Withhold Rent. However, a Tenant must be careful. If a Tenant believes that violations exist and serve the Landlord with a 7 day notice, the Landlord can still attempt to evict the Tenant. For Example: If the Tenant serves the Landlord a 7 day Notice to Cure and the Landlord believes there are no violations, a Landlord can still attempt to evict the Tenant if the Tenant withholds rent.
Ultimately, a Judge determines if the Landlord or Tenant violated the terms of the lease. Before sending a 7 day Notice to Cure to the Landlord or Tenant, consult a Landlord/Tenant Attorney. As discussed, a 7 day notice to Cure can benefit both Landlords and Tenants. If you are unsure about your rights as a Landlord or a Tenant regarding lease violations, contact our office today at (954) 990-7552.