Category Archives: Notices

When Rental Occupants Commit a Crime

A fairly common situation occurs in the world of landlord-tenant law. That is, when an occupant, guest or invitee–not the tenant–commits a crime or dangerous activity in or near the rental property. Inevitably, the landlord questions whether he has a remedy or grounds to terminate the lease and evict if necessary. The answer to the question […]

2018 Florida Legislation That Affect Property Management

The current Florida legislative session is considering the following bills that affect the landlord-tenant and property management business. Below are some highlights of which you should be aware. SB 850 seeks to completely overhaul FS 83.60, which in essence would allow a tenant the right to a trial even if he does not post rent […]

Priority of Tenant Payments

Three Day Notices to Pay or Vacate are legal notices that Florida Statute (FS), section 83.56(3) requires landlords to delver to tenants who have failed to pay rent before they can file an eviction action. That statute states, If the tenant fails to pay rent when due and the default continues for 3 days, excluding […]

When Tenant Pays Partial Rent After a 3 Day Notice is Served

The Florida legislature amended Florida Statute, section 83.56 in recent years to require what Florida court decisions essentially required through a chain of cases on the question of, what can a landlord do when a tenant pays partial rent after being served a 3 day notice demanding the tenant to pay rent or vacate? FS […]

When Can A Tenant Legally Withhold Rent

Property managers commonly face situations when a tenant wants to or in fact withholds rent based on an allegation that the landlord failed to comply with some legal or contractual obligation. This is a frustrating situation and can lead to bigger problems, but the property manager may not be clear about when the tenant has […]

Security Deposit Claims: Dos and Don’ts

Security deposit disputes are one of the most common contentions and issues in landlord-tenant relationships and law. Most state statutes prescribe procedures for the landlord holding and claiming a security deposit and for the tenant to object to the landlord’s claim. Florida does the same. These security deposit statutes are designed to expedite and resolve […]

Landlord Practice Tips on Recent Florida Appellate Decision

The Third Circuit Court of Appeals just released an opinion regarding several legal issues involving a commercial lease in Bldg. B1 v. Component Repair Servs., 2017 Fla. App. LEXIS 9956 (Third Court of Appeal of Florida, July 12, 2017). The Court’s ruling has bearing on how courts could rule on similar issues involving residential leases. Below […]

3 Day Notice to Pay Rent Instructions

Florida Statutes (FS) 83.56(3) prescribes the requirements of a 3 day notice to pay rent owed. A defective 3-day notice can cause a failed eviction action. Here are instructions for a valid 3 day notice to pay rent, and a sample 3 day notice is provided at the end of this post. Note: if the […]