Florida property managers frequently face situations requiring action against tenants for lease violations, whether curable or non-curable. In these cases, issuing a 7-Day Notice to Cure or a 7-Day Notice to Terminate (for non-curable violations) under F.S. 83.56(2)(a) and (b) is often a necessary step. However, drafting these notices without the help of an attorney is not only risky but also against Florida law. Here’s why it’s critical for property managers to involve an attorney in drafting and finalizing these notices:
1. Legal Prohibition on Non-Attorney Drafting
Florida courts have clearly ruled that property managers are not permitted to draft 7-Day Notices to Cure or 7-Day Notices to Terminate for non-curable violations without attorney involvement, because it is essentially considered to be improper practice of law. See e.g. Miami Soar Management Corp. v. Vindell, 2019-010939-CC-05 (Miami-Dade County, August 13, 2019). These notices are considered legal documents that require a level of legal expertise to ensure compliance with Florida law.
Why This Matters:
- Unauthorized practice of law (UPL) is prohibited under Florida law, and property managers who draft these notices without legal assistance could face criminal or civil penalties or invalidation of their notice.
- Using an attorney ensures compliance with legal requirements, protecting the property manager and landlord from potential legal challenges.
2. Legal Sufficiency to Support an Eviction
The purpose of a 7-Day Notice (to cure) (non-curable) is to establish a legally sufficient basis for eviction if the tenant fails to comply or vacate the premises. If the notice is not drafted correctly, it can render the eviction action invalid in court.
Attorney Expertise Ensures:
- Proper language and formatting required by Florida law and case law within relevant jurisdictions.
- The notice can withstand judicial scrutiny during an eviction proceeding.
- Avoidance of technical errors that could lead to dismissal of the case.
3. Meeting the “Specificity” Requirement
Florida courts require that 7-Day Notices meet a “specificity” standard. This means the notice must include detailed information about the tenant’s violation, such as:
- Dates of the incidents.
- Times and locations where the violations occurred.
- Descriptions of the violations, including what was observed or reported.
- Witness information, if applicable.
Challenges Without Attorney Involvement:
- A vague or generic notice may be deemed insufficient and dismissed in court.
- Attorneys have the expertise to ensure the notice includes all necessary details, eliminating ambiguity.
4. Reducing Tenant Defenses
One of the primary goals of an attorney-drafted notice is to minimize the tenant’s ability to raise valid defenses in an eviction case. A poorly drafted notice can open the door for tenants to argue procedural or substantive flaws, delaying or even derailing the eviction process.
Attorney-Drafted Notices Help By:
- Anticipating potential tenant defenses.
- Addressing those defenses preemptively within the notice.
- Ensuring the notice aligns with the lease agreement and Florida law.
5. Ensuring Eviction Success
An attorney’s involvement significantly increases the likelihood of a successful eviction. Judges rely heavily on the sufficiency of the 7-Day Notice as the foundation of the eviction case. A well-drafted notice ensures that the landlord has met all legal requirements, paving the way for a smooth and efficient resolution.
Benefits of Attorney Assistance:
- Avoidance of costly delays due to procedural errors.
- Greater likelihood of obtaining a favorable judgment in court.
- Preservation of the landlord’s legal rights and property interests.
Reducing Risk with Properly Drafted 7-Day Notices
Florida property managers play a vital role in maintaining order and enforcing lease agreements, but the drafting of legal notices such as the 7-Day Notice to Cure or 7-Day Notice to Terminate requires specialized legal expertise. By engaging an attorney, property managers ensure compliance with Florida law, reduce risks of procedural missteps, and position themselves for a successful eviction process.
Key Takeaways for Property Managers: 7 Day Notices
- Florida law prohibits property managers from drafting these notices without attorney assistance.
- A legally sufficient notice forms the backbone of any eviction case.
- Specificity in the notice is critical to withstand judicial scrutiny.
- Attorney involvement minimizes tenant defenses and delays.
- Proper legal guidance increases the chances of eviction success.
For Florida property managers, the cost of attorney involvement is a small price to pay compared to the potential risks and costs of an invalid notice or failed eviction case. Prioritizing legal compliance and precision is not just advisable—it’s essential.