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SEVEN DAY NOTICE EVICTION

 

 

Q.  Can a landlord be given a seven-day notice of termination of a lease?

A.  Yes.  A tenant may terminate a rental agreement by giving the landlord a seven-day notice of intention to terminate because of the landlordís failure to comply with material provisions of the lease as stated in the Florida statutes.

            The landlordís obligations, unless otherwise agreed upon with the tenant, are to comply with all applicable building, housing and health codes, and, if there are no applicable health codes, to maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components.  Unless otherwise agreed, the landlord shall be responsible for the extermination of rats, mice, roaches, ants, wood-destroying pests, and bedbugs.  He is also responsible for heat, running water, and hot water along with locks and keys, and garbage removal.

            The landlord is generally given reasonable access to the dwelling unit, and the tenant shall not unreasonably withhold consent to the landlord to inspect the premises, make repairs, alterations or improvements.

            A sample seven-day notice would be similar to the following:

 

Demand is hereby made that you remedy the noncompliance of the lease signed between X and Y on 1/1/85.  After repeated requests, you have failed to provide heating (or whatever noncompliance) in unit 00.  Failure on your part to remedy this noncompliance will result in termination of this lease and I will vacate the premises.

 

The outcome of the above would be as follows:

 

1.      If the landlordís failure to comply renders the unit uninhabitable and the tenant vacates, the tenant shall not be liable for rent during that period.

2.      If the landlordís failure to comply does not render the unit uninhabitable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced in amount in proportion to the loss of rental value caused by noncompliance.


The landlord can also give a tenant a seven-day notice to vacate the premises for noncompliance.  The tenant may usually cure the noncompliance.  Items of noncompliance can include simple things such as having unauthorized pets, guests, or vehicles; failing to keep premises clean and sanitary; or even parking in unauthorized areas.

 

 

 

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