7-Day Notice
(Opportunity to Cure) (Residential Eviction) (FL)

Summary

This is a 7-day notice template that may be used by a landlord in Florida to provide the statutorily required notice to a residential tenant that the landlord intends to evict the tenant for a lease default other than the failure to pay rent unless the tenant cures the default within seven days. This template contains practical guidance and drafting notes. Florida law makes a distinction between nonmonetary defaults for which a residential tenant should or should not be given notice and an opportunity to cure the default. If notice should be provided, the notice must specify the default, specify the action required to cure the default, and provide seven days from the date of delivery of the notice to cure the default. If the noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice. Fla. Stat. Ann. § 83.56(2)(b). Note that circumstances when no notice and opportunity to cure should be given are rare. The non-exhaustive list of examples of such circumstances listed in the statute are: "if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation" and "destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance." In these circumstances, the landlord may deliver notice to the tenant of the immediate termination of the lease and advise the tenant that the tenant shall have seven days from the date that the notice is delivered to vacate the premises. Fla. Stat. Ann. § 83.56(2)(b). For a template see 7-Day Notice (Immediate Termination) (Residential Eviction) (FL). This template complies with the form of 7-day notice set forth in Fla. Stat. Ann. § 83.56(2)(b). For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For further guidance on the eviction process in Florida see Residential Eviction (FL), Commercial Eviction (FL) and Eviction Resource Kit (FL).