83.56 Termination of rental agreement

Termination of the rental agreement.

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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

83.56 Termination of rental agreement.

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be in substantially the following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because   (cite the noncompliance)  .

(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph. The notice shall be in substantially the following form:

You are hereby notified that   (cite the noncompliance)  . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of   dollars for the rent and use of the premises   (address of leased premises, including county)  , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the   day of    (year)  .

  (landlord’s name, address and phone number)  

(4) 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.

(5)(a) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period. If partial rent is accepted after posting the notice for nonpayment, the landlord must:

1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession;
2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession; or
3. Post a new 3-day notice reflecting the new amount due.
(b) Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes must comply with s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but must enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2).
(c) This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance.
(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).
History.s. 2, ch. 73-330; s. 23, ch. 82-66; s. 6, ch. 83-151; s. 14, ch. 83-217; s. 6, ch. 87-195; s. 6, ch. 93-255; s. 6, ch. 94-170; s. 1373, ch. 95-147; s. 5, ch. 99-6; s. 8, ch. 2013-136.

Keeping Your Rental Property is Still a Great Investment

Ah, the joys of property ownership. You might have heard naysayers, or perhaps you’ve had some trying times with tenants. Maybe you’re even considering the dreaded termination of the rental agreement. Before making any rash decisions, let’s chat. Property ownership, especially rental property, is still a fab investment. Here’s why.

Long-Term Appreciation
They’re Not Making More Land

Mark Twain once said, “Buy land. They’re not making it anymore.” And guess what? He was right. Over time, property tends to appreciate. Your rental property isn’t just providing you with monthly income; it’s also (more than likely) increasing in value year after year.

Rental Demand is Soaring

Cities are expanding, populations are growing, and an ever-increasing demand for housing comes with that. Keeping your property means keeping an asset people want and will pay for.

Passive Income
The Beauty of Monthly Checks

Let’s talk about the money, honey! If managed well, your rental property can provide you with a lovely passive income.

Personal Anecdote: My friend Jenny used to be stressed about her finances. After renting out her second home, she’s seen a steady stream of income that’s helped her fund her daughter’s college tuition. Talk about a game-changer!

Tax Benefits

Renting property isn’t just about the income but also the deductions. Property taxes, mortgage interest, and maintenance costs can often be deducted, reducing your overall tax liability.

Flexibility with “termination of the rental agreement.”

Okay, the keyword phrase we’re all curious about is “termination of the rental agreement.” Here’s the scoop:

It’s Not Always a Bad Thing

Remember, terminating a rental agreement can sometimes be in your favor. If the market’s rent prices have soared, it might be an opportunity to adjust the rent accordingly.

Protection for Both Parties

Termination clauses in your rental agreement protect both you and your tenant. They ensure both parties can walk away when needed, keeping the business relationship professional and fair.

Personal Anecdote: A few years back, I had to end a rental agreement with a tenant relocating for work. The process was smooth and amicable because our agreement had clear termination clauses. We even had coffee afterward!

Opportunity for Upgrades

If your rental agreement is terminated, use this as a chance to upgrade or renovate. This could potentially increase your property value and allow you to charge a higher rent for future tenants.

Final Thoughts

Owning a rental property isn’t always sunshine and rainbows. There are challenges, ups and downs, and sometimes, the rental agreement is terminated. But with all investments, it’s crucial to see the bigger picture. In the long run, the benefits of property ownership can be truly phenomenal. Hang in there, make smart decisions, and your investment will pay off. Happy renting!


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