Florida 7-Day Notices for Lease Non-Compliance

Statutory Requirement Prior to Eviction

Florida Statute 83.56(2) governs what happens when a tenant doesn't materially comply with a lease provision or fails to comply with the Tenant's statutory obligation to maintain the leased premises. These notices are used for material violations that do not involve rent. If rent is due then a 3-day notice is used. The only exception to this will be when the lease between the parties provides for a greater notice time than that required by the statute. The lease cannot provide a time frame that is less than that provided by the statute or attempt to waive the 7-day notice requirement. Typically a lease will follow the statute and not increase the notice time required. Once a material violation has occurred the landlord can then issue a seven day notice for the tenant to cure the violation or, in some cases, to immediately terminate the lease. The calculation of the seven days does not include the day that the notice is served, but it does any weekends or legal holidays. However, when the last day falls on a weekend or legal holiday the time period is extended until the following business day. The statute does not require the landlord to compute the time within the notice itself, so this is rarely a problem for landlords who are utilizing an attorney to file their eviction.
Most seven day notices issued will give the tenant an opportunity to cure the non-compliance within seven days. However, occasionally a tenant's noncompliance will be of a nature where the tenant should not be afforded an opportunity to cure. This situation occurs when the tenant has already been issued a seven day notice within the past 12 months for a subsequent or continuing noncompliance or when the tenant has committed an act such as the intentional destruction of the landlord's or other tenants property.

The statutory language for the notice with a right to cure is:

You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.
(landlord’s name, address and phone number)

The statutory language for the notice without a right to cure is:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance) .
(landlord’s name, address and phone number)

Florida Statute 83.52 - Tenant's obligation to maintain dwelling unit:

The tenant at all times during the tenancy shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes. (2) Keep that part of the premises which he or she occupies and uses clean and sanitary. (3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner. (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair. (5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators. (6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so. (7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.