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.

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Florida Landlord Eviction Service LLC.  Non-attorney eviction services.

The Evictmytenant911 website is here to assist you in evicting your unwanted tenants. We are happy to discuss your situation. We service Hillsborough, Pinellas, and Pasco Counties in Florida.

Click Here For Free Eviction Forms for Florida.

83.56 Termination of the Rental Agreement: A Comprehensive Guide

When delving into the intricacies of property management and leasing, the phrase “83.56 Termination of rental agreement” is bound to come up. This article is designed to thoroughly understand the topic and offer practical advice for landlords and tenants.

What is 83.56 Termination of Rental Agreement?

To understand “83.56 Termination of the rental agreement,” one must first comprehend the context in which this terminology is applied. Rental agreements are bound by certain terms and conditions, whether for residential or commercial spaces. These can be terminated under specific circumstances, often detailed in section 83.56 of most rental codes or regulations.

Common Grounds for Termination:

While the exact provisions might vary from one jurisdiction to another, the following are generally accepted grounds for terminating a rental agreement under 83.56:

  1. Non-payment of Rent: If a tenant fails to pay rent as and when it’s due.
  2. Violation of Agreement Terms: Breach of any provision in the rental agreement, such as having pets when not allowed or causing significant damage to the property.
  3. Illegal Activities: If the tenant engages in illegal activities on the rented premises.
  4. Health and Safety Violations: If the property becomes uninhabitable or poses a significant health or safety risk.

Rights and Responsibilities:

Landlord: Under the 83.56 termination of the rental agreement, a landlord typically has the right to:

  • Provide notice of termination, the duration of which can vary based on the nature of the violation.
  • Seek legal recourse or eviction in the case of non-compliance by the tenant.
  • Retain the security deposit in certain circumstances.

However, the landlord must also:

  • Give adequate notice before terminating the agreement.
  • Ensure the reasons for termination are valid and in line with the stipulated grounds.
  • Respect the tenant’s rights throughout the process.

Tenant: The tenant, on the other hand, has the right to:

  • Receive proper notice and be informed of the specific reasons for termination.
  • Challenge the termination if they believe it’s unfounded.
  • Retrieve their security deposit unless there’s valid reasoning against it.

However, they should also:

  • Abide by the terms of the rental agreement.
  • Address and rectify any violations within the notice period, if possible.

How to Ensure Smooth Termination:

  1. Clear Communication: Always maintain open lines of communication. This can prevent misunderstandings and disputes.
  2. Written Records: Whether you’re a landlord or tenant, always keep written records of communications, notices, and any other relevant documents.
  3. Seek Legal Counsel: If unsure about any aspect of the 83.56 rental agreement termination, consult a legal professional for guidance.

Conclusion

Understanding the 83.56 rental agreement termination is crucial for landlords and tenants to ensure a fair and smooth rental experience. By staying informed and acting within the parameters of the law, both parties can protect their interests and maintain a harmonious rental relationship.

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 who was 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 you find yourself in a situation where the rental agreement is terminated, use this as a chance to upgrade or renovate. This potentially increases your property value and allows 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 there’s even the termination of the rental agreement. 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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A Simplified Explanation of 83.56 Termination of Rental Agreement

The text below appears to be a legislative statute governing the termination of rental agreements. While the text is comprehensive, I can break down the main points for you:

  1. Landlord’s Noncompliance:
    • If the landlord doesn’t meet specific obligations within seven days of receiving a written notice from the tenant, the tenant may terminate the rental agreement.
    • Exceptions are made if noncompliance is due to factors beyond the landlord’s control as long as the landlord tries to remedy the issue.
    • If the landlord’s failure makes the dwelling uninhabitable and the tenant leaves, the tenant isn’t liable for rent for that period.
    • If the dwelling is still habitable despite the landlord’s failure, the rent will be reduced proportionately based on the decrease in rental value.
  2. Tenant’s Noncompliance:
    • If the tenant doesn’t adhere to specific obligations, the landlord can:
      • Terminate the lease immediately without allowing the tenant to address the issue if the noncompliance is severe (like property damage or continuous disturbances).
      • Give the tenant a 7-day notice to correct the issue if the noncompliance is less severe (like unauthorized pets or not keeping the premises clean).
    • If the tenant commits the same or similar noncompliance within a year of the first notice, the landlord can proceed with eviction without another notice.
  3. Rent Nonpayment:
    • If the tenant doesn’t pay the rent on time and doesn’t do so within three days of receiving a written demand (excluding weekends and legal holidays), the landlord can terminate the rental agreement.
  4. Delivery of Notices:
    • If absent, written notices can be mailed, handed directly to the tenant, or left at their residence. The need for these notices cannot be bypassed in the lease.
  5. Waiver of Rights:
    • Suppose the landlord or tenant knowingly accepts noncompliant behavior (or rent). In that case, they waive their right to terminate the rental agreement or sue for that noncompliance but not for subsequent or ongoing non-compliance.
    • Specific provisions are made for cases where partial rent is accepted.
  6. Defending Against Actions:
    • Tenants who wish to defend against eviction due to rental agreement noncompliance must follow certain procedures.
    • The court can’t set trial dates unless specific criteria are met.
  7. Rent Subsidies:
    • Waivers don’t apply to rent subsidies from government entities unless action isn’t taken within 45 days after the landlord becomes aware of the non-compliance.
  8. Upon Rental Agreement Termination:
    • If the rental agreement is terminated, the landlord must adhere to the conditions set in s. 83.49(3).

This is a summary of the main points, and the actual text provides more detailed specifics. Please let me know if you have questions on any specific subsection or require further elaboration!

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