A. The Failure to Pay Rent. § 83.56(3), Fla. Stat., requires that before a landlord may evict T for nonpayment of rent, LL must first serve T with a written notice that informs T has three days to pay the alleged rent or vacate the premises. If T attempts to pay rent during the 3-day time period, LL must accept the rent. If LL refuses, T will not be evicted. B. Violation of Lease or Rules. § 83.56(2)(a), Fla. Stat., permits a landlord to evict a tenant by giving written notice that T has 7 days to vacate the premises. Notice must state with specificity the alleged lease or rule violation. Failure to specify facts permitting eviction will deprive LL of possession. LL will be limited at trial to violation alleged in notice. Only 2 circumstances where LL does not have to give T opportunity to cure: a. Emergency evictions. An act committed by T which is impossible to cure. § 83.56(2)(a) gives as an or example: “damage, destruction misuse of or other property by an intentional including LL’s T’s act,” battery and threatening another tenant. b. Second violation within one year of reasonable rule or lease provision, provided the similar violation occurred within previous 12 months and T was furnished a specific written warning that a repeated violation will be grounds for eviction. C. Expiration of Lease with No Specific Term Where there is agreement as to the duration of the tenancy, the tenancy, the duration is determined by the periods for which the rent is payable, e.g. the tenancy is month to month, if payment is due monthly. § 83.46(2), Fla. Stat. As set forth in § 83.57, Fla. Stat., if there is a lease without a specific term or a periodic tenancy either party may terminate upon at least the following notice: 1. Year to Year 60 days prior to end of any annual year; – 2. Quarter to Quarter 30 days prior to the end of any quarterly period; – 3. Month to Month 15 days prior to end of any monthly period; – 4. Week to Week 7 days prior to end of any weekly period; – D. Termination Upon Notice
A. The Failure to Pay Rent. § 83.56(3), Fla. Stat., requires that before a landlord may evict T for nonpayment of rent, LL must first serve T with a written notice that informs T has three days to pay the alleged rent or vacate the premises. If T attempts to pay rent during the 3-day time period, LL must accept the rent. If LL refuses, T will not be evicted. B. Violation of Lease or Rules. § 83.56(2)(a), Fla. Stat., permits a landlord to evict a tenant by giving written notice that T has 7 days to vacate the premises. Notice must state with specificity the alleged lease or rule violation. Failure to specify facts permitting eviction will deprive LL of possession. LL will be limited at trial to violation alleged in notice. Only 2 circumstances where LL does not have to give T opportunity to cure: a. Emergency evictions. An act committed by T which is impossible to cure. § 83.56(2)(a) gives as an example: “damage, destruction or misuse of LL’s or other T’s property by an intentional act,” including battery and threatening another tenant. b. Second violation within one year of reasonable rule or lease provision, provided the similar violation occurred within previous 12 months and T was furnished a specific written warning that a repeated violation will be grounds for eviction. C. Expiration of Lease with No Specific Term Where there is agreement as to the duration of the tenancy, the tenancy, the duration is determined by the periods for which the rent is payable, e.g. the tenancy is month to month, if payment is due monthly. § 83.46(2), Fla. Stat. As set forth in § 83.57, Fla. Stat., if there is a lease without a specific term or a periodic tenancy either party may terminate upon at least the following notice: 1. Year to Year – 60 days prior to end of any annual year; 2. Quarter to Quarter – 30 days prior to the end of any quarterly period; 3. Month to Month – 15 days prior to end of any monthly period; 4. Week to Week – 7 days prior to end of any weekly period; D. Termination Upon Notice