Property management involves balancing the enforcement of lease agreements with maintaining tenant relations. One area that can be tricky is managing tenant violations effectively under legal frameworks. Florida Statute 83.56(5)(a) provides a valuable perspective on handling tenant violations, distinguishing between “isolated” and “continuing” violations and the implications for landlords if they accept rent with knowledge of a tenant’s noncompliance. This article will guide property managers in understanding these distinctions and their impact on rental agreements and enforcement actions.
1. Overview of Florida Statute 83.56(5)(a)
Florida Statute 83.56(5)(a) addresses what happens when a landlord or tenant accepts rent while aware of a violation of the rental agreement by the other party. The statute essentially states that if either the landlord or tenant accepts rent with knowledge of noncompliance, they forfeit their right to terminate the rental agreement or pursue legal action specifically for that instance of noncompliance. However, this waiver only applies to isolated or singular violations, not ongoing (continuing) violations. This distinction has important implications:
- Isolated Violations: Singular, one-time events.
- Continuing Violations: Ongoing issues that persist until they are resolved or “cured.”
The distinction in how each violation is treated helps property managers decide when to take immediate action or allow leniency.
2. Isolated Violations: Defining and Managing Them
Isolated violations are generally minor, one-time incidents. They don’t pose ongoing issues but may still breach lease terms. According to F.S. 83.56(5)(a), if a landlord accepts full rent while aware of an isolated violation, they waive the right to enforce the lease for that specific incident. Examples of isolated violations may include the following:
- Incorrect Trash Disposal: A tenant may place trash in the wrong bin or location.
- Pool Area Rules Violations: An unsupervised child entering the pool area where supervision is mandatory.
- Parking Space Misuse: A tenant may park in the wrong designated spot.
- Smoking: a tenant smoking a cigarette too close to the premises
For isolated violations, prompt action is crucial to retain the right to enforce the lease. This often involves issuing a notice to cure (see our article here on Notice to Cure) the behavior immediately. By promptly addressing these violations, property managers avoid the risk of losing enforcement rights when rent payment is due.
The Waiver Process for Isolated Violations
Consider a scenario where the landlord learns of a tenant’s violation (e.g., incorrect trash disposal) just a day before rent is due. Due to the limited time to issue a notice, the landlord might have to choose between waiving enforcement of the isolated violation by accepting rent or rejecting the rent to preserve enforcement rights. This decision-making window underscores the need for proactive communication and monitoring of tenant behavior.
3. Continuing Violations: Persistent Issues and Enforcement
Continuing violations are breaches that persist beyond a single incident. They are typically more severe than isolated violations and impact the property’s management if left unaddressed. Examples of continuing violations include the following:
- Unauthorized Occupants or Pets: Allowing an individual or pet to reside in the property without landlord approval.
- Property Cleanliness Issues: Consistently leaving the property in an unsanitary or unclean state.
- Inoperable Vehicles: Parking inoperable or unregistered vehicles on the property grounds.
For continuing violations, landlords can still enforce lease terms even if they accept full rent knowing of the violation. This flexibility allows property managers to address ongoing issues without waiving their rights, making continuing violations more manageable.
If a landlord discovers a continuing violation after rent collection, they retain the right to issue a notice to cure. For instance, if a tenant has an unauthorized pet on the property, the landlord can accept rent and then deliver a notice to the tenant, giving them the required period to remove the pet. If the tenant fails to comply, the landlord may pursue eviction or other legal remedies. This approach enables property managers to maintain lease integrity and property standards while still collecting rent.
4. Best Practices for Property Managers
To manage violations effectively and within legal bounds, property managers should develop policies and processes that align with F.S. 83.56(5)(a). The following best practices can help in handling both isolated and continuing violations:
Establish Clear Lease Terms and Violation Policies
Lease agreements should outline all policies clearly, including behavioral expectations, acceptable uses of common areas, and specific actions considered violations. By defining isolated and continuing violations within the lease terms, property managers can communicate more effectively with tenants.
Promptly Document and Address Violations
When a violation occurs, document it immediately. For isolated violations, issue a notice to cure as soon as possible and before rent is due to avoid potential waiver issues. For continuing violations, maintain clear records of each instance and communicate with the tenant regarding necessary corrective actions. In all cases, use due diligence to learn, document and maintain the facts and evidence to prove the violation and act to enforce the lease as soon as possible.
Be Proactive
Effective communication can prevent minor violations from escalating. Engaging with tenants about community rules, such as appropriate parking and trash disposal, can reduce the likelihood of violations. When a violation is identified, contact the tenant to explain the issue and provide clear instructions on how to avoid recurrence. If the tenant has been an otherwise good tenant and the violation does not jeopardize persons or property, consider contacting the tenant informally first to gain their compliance with the lease, but if the violation is more serious in nature or the tenant has a history of violations and proven to be a risk to persons or property, you should take formal action immediately.
Fair Enforcement and Tenant Relations
While it’s important to enforce lease terms, overly strict enforcement for minor isolated incidents may strain tenant relationships and could also open the door for a tenant to allege that you are illegally discriminating against the tenant by treating him differently or more harshly than you treat other tenants in similar situations. Always approach lease violations in a fair and objective manner. You should balance compliance efforts with a fair approach that encourages tenant cooperation and treats all tenants the same under similar circumstances.
Seek Legal Guidance When Needed
Some cases, especially those involving repeat offenses or disputes over the nature of the violation, may require legal intervention. Working with a landlord-tenant legal team can provide property managers with additional clarity and help in navigating complex tenant relationships while minimizing liability, keeping in mind as well that in Florida, property managers (who manage property for the property owner) must have the assistance of an attorney to prepare a notice to cure or terminate. See our article on Notice to Cure.
5. Common Scenarios and Decision-Making Tips
Understanding how to apply F.S. 83.56(5)(a) in specific situations can improve a property manager’s response to tenant violations:
Scenario 1: Accepting Rent After an Isolated Violation
A tenant parks in the wrong spot, and rent is due the next day. The property manager must act fast to notify the tenant and require correction. However, if time constraints prevent timely action, the manager may decide to waive this isolated violation by accepting rent but enforce future parking rules timely and strictly.
Scenario 2: Discovering a Continuing Violation Post Rent Collection
If a tenant’s unauthorized pet is discovered after rent has been paid, the manager can issue a notice to remove the pet and, if necessary, proceed with eviction if compliance is not achieved.
Scenario 3: Multiple Violations, Both Isolated and Continuing
In cases where a tenant commits both types of violations (e.g., unauthorized pet and incorrect trash disposal), the property manager should address each accordingly. There may be times that the property manager should immediately deliver a notice to cure for the isolated violation but deliver a notice to cure for the continuing violation if more information or evidence is needed regarding the continuing violation. But if both violations can be addressed in the same notice, the property manager should include both in the same notice.
6. Conclusion
Managing tenant violations under Florida Statute 83.56(5)(a) requires property managers to recognize the difference between isolated and continuing violations and understand the implications of accepting rent with knowledge of these violations. While isolated violations may lead to waiving enforcement rights if not handled quickly, continuing violations allow property managers greater flexibility to enforce lease terms. By implementing best practices and balancing tenant relations with firm policy enforcement, property managers can navigate these complex situations effectively and uphold the terms of rental agreements.