Under Florida Residential Landlord Tenant Act (F.S. ch. 83, pt. 2) (“the Act”), residential landlords are required to deliver certain written notices to the tenant and in a specific way (e.g. delivery of a copy, hand-delivery, posting on the premises, mail, and certified mail), and are also required to give the tenant certain written disclosures. These are important notice and disclosure requirements:
Notices
- Notice to Terminate Lease
- Notice to Pay
- Notice to Cure
- Security Deposit Claim
- Notice to Access Premises
- Notice of Tenant’s Duty to Give Notice of Intent to Vacate at End of Tenancy
Disclosures
- Landlord’s agent
- Landlord address
- Advance rent or security deposit held
- Changes the manner or location in which landlord is holding advance rent or security deposit
- “Fee In Line of Security Deposit” per 83.491(4)(b)
Written Notices
The Act requires that certain notices be in writing. If the Act does not require that the notice in writing, other customary or agreed-upon forms of notice will suffice. The following notices are required to be in writing:
- Notice to Impose Claim on Security Deposit – F.S. 83.49(3)(a)
- Notice to Terminate (Non-Curable Violation) – F.S. 83.56(2)(a)
- Notice to Cure – F.S. 83.56(2)(b)
- Notice to Pay – F.S. 83.56(3)
- Notice Terminate Month-to-Month Tenancy – F.S. 83.57
- Notice of Tenant’s Duty to Give Landlord Notice of Intent to Vacate at End of Lease term – F.S. 83.575(2)
- Notice to Temporarily Vacate for Pest Extermination – F.S. 83.51(2)(a)(1)
- Notice of Property Left Behind (when lease does not contain “no rights of storage” lease provision) – F.S. 83.67(5), F.S. 715.104
Written Disclosures
Written disclosures are commonly included within the lease agreement or addenda, some are required to be so, and others may be delivered to the tenant within a specific timeframe. The landlord must notify the tenant of the following disclosures.
- Landlord’s agent – if the owner hires an agent during a tenancy, the owner or agent must give written notice of the agency.
- Landlord’s address – can be landlord’s address or agent’s address.
- Advance rent or security deposit held – must be in the lease or notice of what and where advanced rent or security deposit sent to tenant within 30 days of receipt.
- Changes in the manner or location that landlord is holding advance rent or security deposit – must in the lease or notice sent within 30 days of the change.
- “Fee In Line of Security Deposit” per 83.491(4)(b) – agreement must be signed by landlord (or agent) and tenant and contain statutory disclosure.
Elements of Written Notices
In general, landlords should include certain elements in a written notice to the tenant, including:
- Name all tenants on the lease
- Complete rental address
- Name of landlord (property owner or agent)
- Landlord phone # and address
- Landlord signature
- Contents must meet legal sufficiency requirements specific to the notice
- Specificity (the “who, what, when, where” of the facts)
- Certificate of Service
If the landlord fails to include required elements in a notice, the notice can be deemed legally defective, and any eviction based on that notice may be dismissed accordingly.
Delivery of Written Notices
F.S. 83.56(4) specifies how certain notices are to be delivered to the tenant. It states:
“The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.”
These notices, thus, must be delivered as required above:
- Notice to Cure Lease Violation
- Notice to Terminate (non-curable violation)
- Notice to Pay or Vacate
See also our article on Email Constituting Notice Delivery.
Security Deposit: Notice in Writing by Certified Mail
The landlord’s notice of claim on the security deposit must be delivered by certified mail to the tenant’s last known address within 30 days of the tenant vacating the premises, pursuant to F.S. 83.49.
If the last known address of the tenant is the rental address, the landlord must certify mail the notice to that address. Some courts impose on the landlord the duty to certify mail the notice of claim on the deposit to the tenant’s last known address that the landlord has knowledge about, even when the tenant does not provide the landlord with a forwarding address. Therefore, to be safe, if the landlord discovers the tenant’s last known address (even when the tenant doesn’t provide it), the landlord should certify mail the notice of claim on the deposit to that address.
Exception to Security Deposit Certified Mail Rule
F.S. 83.49(5) provides an exception to the certified mail requirement, unless otherwise provided by the terms of a written lease agreement:
Any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days’ written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached.
Tenant’s failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.
Even though F.S. 83.49(5) relieves the landlord from certify mailing the security deposit claim notice, it is prudent to certify mail the notice of claim on the deposit to avoid any unnecessary issues involving the landlord’s claim on the deposit.
Certify mailing a notice costs little, and since the landlord should be performing a move-out inspection to determine what damages the tenant caused during the tenancy and should assess any fees the tenant owes under the lease agreement anyway, taking the small step of certify mailing the notice is advisable.
Conclusion
Understanding and adhering to the written notice and disclosure requirements under the Florida Residential Landlord-Tenant Act is essential for landlords to maintain compliance and avoid legal disputes. Failure to properly deliver these notices or include the necessary elements can result in legally defective notices, potentially leading to the dismissal of eviction actions or other legal complications. By ensuring that all notices and disclosures are correctly prepared and delivered, landlords can protect their rights and foster a more professional and transparent relationship with their tenants.
Tips for Landlords:
- Familiarize Yourself with Notice Requirements: Review the specific notice requirements under the Florida Residential Landlord-Tenant Act to ensure you are delivering the correct type of notice for each situation.
- Include All Necessary Elements: Make sure that every written notice contains all legally required elements, such as tenant names, rental address, landlord contact information, and a clear description of the issue or action required.
- Use Certified Mail When Required: For notices like claims on the security deposit, always use certified mail to ensure proof of delivery and to avoid disputes regarding whether the tenant received the notice.
- Document Everything: Keep detailed records of all notices and disclosures sent to tenants, including copies of the documents, delivery methods used, and any receipts or confirmations of delivery.
- Clearly Outline Notice Provisions in Lease Agreements: Ensure your lease agreements explicitly state the methods of communication and notice delivery, including whether email or other electronic methods are acceptable.
- Stay Updated on Legal Changes: Regularly review updates to the Florida Residential Landlord-Tenant Act and adjust your practices accordingly to remain in compliance with any new legal requirements.
- Avoid Ambiguity: Clearly state the actions required by the tenant in the notice and provide specific deadlines to avoid misunderstandings or legal challenges.
- Proactively Manage Disclosures: Make sure all required disclosures, such as those related to security deposits and landlord contact information, are included in the lease or provided to the tenant within the legally specified timeframe.