Recent Answers to Eviction Law Questions
Can my landlord evict me without giving me proper notice?
Eviction
Notice to Vacate
Florida
I recently received an eviction notice from my landlord, stating that I have 7 days to vacate the premises due to alleged violations of my lease agreement. However, I believe that I have not violated any terms and I was not given any prior warning or opportunity to correct any issues before receiving this notice. I am unsure if my landlord has followed the proper legal procedures for eviction and I would like to know if they can legally evict me without providing me with proper notice.
Joy R.
In Florida a landlord can issue a 7 day notice to vacate. There are two types. 7-Day Notice Without Right to Cure: This type of notice is used for serious violations such as intentional property damage, repeated disturbances, or repeated violations. To avoid an eviction action from being filed, tenants must vacate the property within 7 days, with no chance to fix the issue. (Reference: Fla. Stat. §. 83.56(2)(a)). If you believe you haven't violated the terms of the lease then you should put it in writing and ensure that you have delivered it to the landlord and have proof. Certified mail is generally a good way to do this. Silence can be taken as admission of the violation so put any response in writing and have proof of delivery. 7-Day Demand to Cure Notice: This type of notice is for less severe violations such as having unauthorized pets, guests, or vehicles or failing to keep the property clean. Tenants are given 7 days to adress the problem and avoid an eviction action being filed with the court.
Ending a residential lease agreement early?
Eviction
Residential Lease Agreement
Florida
I recently entered into a residential lease agreement for an apartment in my city. However, due to unforeseen circumstances, I am now in need of terminating my lease early. I am looking for advice on the best way to proceed in order to ensure that I am not held liable for any costs or fees associated with ending the lease early.
Linda W.
It is entirely the landlords decision as to whether to allow you to terminate early. If only because you want to move to another location and there’s nothing wrong with the unit. There are some possibilities of a substitution of a tenant that perhaps the landlord would agree to. Or if fourth of a part of your deposit, assuming you made one… There are a variety of ways to approach this, but ultimately is the choice of the landlord.