THE SEVEN DAY NOTICE – Immediate Termination of Lease Due to Illegal Activity

Do you have a problem of illegal activity by tenants in one of your properties? Have you been put on notice by the police or other tenants? –  If the answer is yes you should strongly consider immediately terminating the lease by sending your tenant a 7 day notice, to avoid exposing yourself and/or your property to liability.

Under Florida Statute, if such noncompliance is of a nature that the tenant should not be given an opportunity to cure, then deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to immediately terminate the rental agreement due to the illegal activity by tenant.

Examples of 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 using your property for illegal activity; or if the tenant attempted to sexually molest a minor; or struck another tenant or the maintenance supervisor etc…..

In these types of events, the landlord may immediately terminate the rental agreement and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises.

The notice shall be in substantially the following form: 

“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)”.

Tips when filling out a seven day notice:

Include all tenants who signed the lease – their full and exact names and the full address of the residential property, including the county.

When citing the noncompliance, it must be of a nature that the tenant should not be given opportunity to cure.   Do not be vague- be extremely specific!  ***Do not accept rent *** Do not also issue a 3 Day Notice.**

For more information see Florida Statute Section 83.52 & 83.56 (2) (a).

 

About Octazon:  Whether you own a few properties or hundreds of properties in Florida, Octazon Management, LLC is here to simplify property ownership and management. We can help you manage any and all of your properties.  At Octazon we provide simplicity & peace of mind.  Octazon uses cutting edge, cloud based property management software that fully integrates the entire property management and financial process enabling the investor direct access to valuable owner/investor information 24/7.

When providing management services to Realtors, Octazon will NOT provide the leasing, rentals or sales – so you never have to worry about losing control of your relationship with the owner. 

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Posted by: marvinkatz on October 19, 2014