Have you been served with or do you need assistance with a Florida 7 Day Notice? Both the landlord and tenant in a Florida rental property have rights and obligations to abide by that are provided for in their lease and by Florida Statutes Chapter 83. Some of these rights and obligations are considered curable and some are considered non-curable. Curable means that the landlord or tenant has the right to fix the non-compliance with the right or obligation they are not complying with. Non-curable means that the lease can be terminated effective immediately and you have 7 days to vacate the premises.
Some examples of a curable noncompliance are violations of a pet policy, playing music too loudly, unauthorized parking or amount of vehicles, damage to the residence that can be repaired or having an unauthorized number of occupants in the property.
If you are not complying with your lease or the Florida Statutes, and this violation is curable, you must provide written notice to the violating party that they have 7-days to cure the violation or the lease will be terminated and you will be evicted from the property. If the same violation or related or similar violation occurs within 12 months, you may terminate the lease without giving another opportunity to cure.
Some examples of non-curable 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, or continued unreasonable disturbance or violation of other resident’s or tenant’s or landlord’s rights.
If you are not complying with your lease and/or the Florida Statutes, and the violation is non-curable, you will be provided notice that you have 7 days to vacate the premises, or face an eviction law suit for possession.
There are many exceptions and nuances to these situations. If you believe your Florida lease is being violated by either your tenant or landlord, or if you need assistance determining whether or not a violation is curable or non-curable and how to properly proceed with notice, please contact our office immediately! The experienced Eviction Attorneys at 954 Eviction Attorneys, PLLC are standing by to assist with your Florida 7 Day Notice . Call us @ (954) 323-2529 or visit us at our Coral Springs or Lantana, Florida locations.
