[Note:  The following is based on Florida law.  Some subsidized housing programs

require longer notice periods, additional notice content, and additional delivery

methods.  For example, for project section 8, see 10-day forms in this website.]

TROUBLE:  Tenant owes rent.

SOLUTION:  Give tenant(s) 3-day notice to pay the total rent then due.  Only put total rent then due-no itemizing & no statement about future charges.  Address notice to all adult tenants.  If a phase like “all other occupants” is used, these possible unauthorized occupants are being invited to pay and become authorized tenants. The notice will expire at midnight on the third day after delivery excluding the day of delivery, weekends, and legal holidays observed by the court in the county where the property is located.  All “legal” holidays are not observed.  The expiration date must be put on the notice.  The 3-day notice cannot include amounts due for anything but rent.  Charges such as late charges or NSF charges that are defined as additional rent may be included in the 3-day notice, but if the judge deems that they are unreasonably high, the judge could rule the 3-day notice unenforceable (or even the lease agreement itself).  If full payment is offered before the 3-day notice expires, it must be accepted.  If partial payment is accepted, a new 3-day notice for the balance due would be required to initiate legal action.  If payment is not made before the 3-day notice expires and the tenant does not voluntarily vacate, the only way to evict is by filing suit.  An agreement can be reached to let the tenant pay and stay after suit is filed, but it should be in writing.  FL Statute 83.56(3) states:  “The 3-day notice shall contain a statement in substantially the following form.”  A recommended form is in the forms section of this website.  Note that the landlord’s address and phone number must be on the notice.  See the Serving Notices heading below. (F.S. 83.56(3) & F.S. 683.01)

TROUBLE:  Tenant or guest causes a disturbance.

SOLUTION:  For first offense, send warning letter that describes the disturbance(s) and informs the tenant that a second offense within 12 months will be grounds to terminate lease.  It is like a 7-day curative notice, but it is not necessary to give a tenant 7 days to stop disturbing neighbors.  On second offense, non-curative notice that lease is terminated and tenant has 7 days to vacate may be sent.  However, if subsequent offense is not too severe, another warning letter may be more appropriate, especially if it has been a long time since the prior offense.  Also, call police or sheriff when needed.  (F.S. 83.56(2)(b))

TROUBLE:  Tenant violates lease or law in a way that he should be allowed to correct (such as dirty apartment or an unauthorized occupant or pet).

SOLUTION:  Give a 7-day curative notice to remedy the noncompliance or vacate the apartment.  If not remedied in 7 days, eviction suit may be filed.  (F.S. 83.56(2)(b))

TROUBLE:  Tenant does something so bad that he should not be given a second chance (such as intentional damage to property).

SOLUTION:  Give a 7-day non-curative notice that lease is terminated and tenant has 7 days to vacate.  Also, consider calling the police or sheriff if criminal prosecution may be appropriate.  (F.S. 83.56(2)(a))

TROUBLE:  Requiring tenant to move at expiration of lease.

SOLUTION:  If a lease has an automatic renewal provision (most do), give notice as required in lease.  Even if lease does not have an automatic renewal provision, it is a good idea to give notice well in advance of expiration that tenant will be required to move.  On day after expiration, eviction suit may be filed if tenant has not moved.  Do not give a 3-day notice unless you want to let tenant stay and pay.

  TROUBLE:  Improperly parked or unauthorized vehicles.

SOLUTION:  If the lease or rules properly give authority, a tenant’s vehicle that is not properly parked or is otherwise prohibited may be towed.  Normally a non-tenant’s vehicle may not be towed without giving personal notice to the owner or person in control of the vehicle, or having signs posted in compliance with Florida Statute 715.07.  Personal notice means actually communicating with the person (verbal or written) and not just leaving a notice on the vehicle.  Towing must be done by a company that complies with the statute.  Towing makes people very angry (even mad).  Be careful.  It’s tricky.  Read the statute.  (F.S. 715.07)

TROUBLE:  Tenant’s check “bounces”.

SOLUTION:  Send letter to tenant by certified mail following format in Florida Statutes 832.07.  15 days after mailing, if check not made good, ask appropriate law enforcement agency to initiate criminal prosecution.  If not made good within 30 days, civil penalty can be up to 3 times the amount of check.  Also give 3-day notice if check was for rent.

TROUBLE:  Terminating tenancy of former employee who received apartment as part of compensation.

SOLUTION:  If there is a lease or occupancy agreement, follow its provisions.  If no agreement, tenancy may be terminated with written notice.  An employee who was paid weekly must be given 7 days’ notice.  One who was paid monthly must be given 15 days’ notice.  The statute does not specify, but one who was paid every 2 weeks probably should be given 14 days’ notice.  The former employee must pay rent at the market rate starting the day after employment ends (unless there is a different agreement).  (F.S. 83.46(3))

TROUBLE:  Terminating month-to-month tenant.

SOLUTION:  Give written notice of termination date that must be the last day of a payment period (normally calendar month).  Notice must be given at lease 15 days prior to termination date unless the lease requires a longer notice period.  Many leases require a 30-day notice. (F.S. 83.46(2))

TROUBLE:  Tenant is evicted or abandons dwelling leaving belongings.

SOLUTION:   When the sheriff evicts a tenant or thereafter, the landlord may remove tenant’s property to or near the property line.  If the lease or a separate agreement has the abandoned property provision in Florida Statute 83.67, and the tenant abandons the dwelling, the tenant’s property may be disposed of without liability.   If neither of the foregoing applies, send notice by first class mail as required by Sections 715.10 through 715.11 of Florida Statutes to tenant describing property and giving him 15 days to pay storage costs and advertising costs.  Procedure is different for property values below and over $500.00.  If payment is not made, sell property in compliance with statute and apply proceeds to balance due.  Be careful.  Read the statute. (F.S. 715.10)

TROUBLE:  Tenant moves leaving damaged dwelling or owing rent.

SOLUTION:  Send security deposit claim notice by certified mail using format provided in Florida Statue 83.49(a) within 30 days of when tenant vacates.  Note:  The 30-day period could start before the end of the lease if the tenant leaves early.  If tenant leaves before end of lease without giving at least 7 days written notice to landlord, landlord does not have to send claim notice.  (F.S. 83.49 (3) (a) & (5))

SERVING NOTICES:  Except as noted below, notices may be hand delivered to a tenant, left at the

dwelling if the tenant is absent at the time of delivery, or mailed by first class mail.  When hand delivered, a reasonable effort must first be made to hand the notice to a tenant and ascertain his absence before leaving it at the premises.  When a notice is not handed to a tenant, it should be inside a sealed envelope that does not indicate its contents.  The person who delivers should certify on landlord’s copy the method of delivery and sign the certificate of service after delivery.  Never mark a notice “left at the premises in the tenant’s absence” before delivery.  The method of delivery does not have to be marked on the tenant’s copy.  The certificate of service is for the landlord’s records.  When leaving notices, it is usually better to leave them in a conspicuous place inside the front door (for example, on the floor) instead of attached to the outside of the front door.  Otherwise, the tenant may claim a notice was removed or blew away before he saw it.  A tenant does not have to get the notice; it just must be properly delivered.  However, a judge may be sympathetic to a tenant who can convince the judge that it was not received.  Notices may also be delivered by first class mail, but 5 days must be added to expiration date if this is the only method of delivery.  Notices sent by mail that require a response must also allow 5 days for response by mail.  Day of mailing or delivery does not count in computing expiration date.  Abandoned property letters must be sent by regular mail if not hand delivered. Security deposit claim notices and NSF check notices must be sent certified mail even if also hand delivered.  All of the above are requirements of statutes.  A lease could have more burdensome requirements for the landlord, and the more burdensome requirements would apply.

                                             (print friendly version) 

      1.  Does a rental applicant have a right to cancel and get a deposit refund within 72 hours or any other time period?

No.  Only if the application says he does.  If it is management’s intention, the application should state that the deposit will not be refunded if the applicant is approved.  Landlord has a duty to expeditiously process the application.  If not, the applicant may have a right to a refund.

      2.  Does a non-military resident have the right to break his lease is he has a job transfer or change?

No.  Only if the lease grants the right.

      3.  Does a persons entering the military from civilian status or a military person who is transferred have the right to terminate a lease?

Yes. They have rights under the Federal Soldiers and Sailors Civil Relief Act and more generous.  Generally, a person who goes on active duty or who is released from active duty, who is on active duty and is transferred more than 35 miles, or gets orders to move into military quarters may terminate upon 30 days’ written notice and written proof.

      4.  If one tenant qualifies to rent an apartment alone and has a proposed “unqualified” roommate, and you are willing to let the unqualified person occupy the apartment, should he be included as  a tenant or just an authorized occupant?

The “unqualified” person should sign the lease as a tenant.  Since all tenants on a well written lease are responsible individually for the full amount due, there would be no reduction in the liability of the qualified tenant, and there is the additional possibility of collecting any unpaid sums from the “unqualified” tenant.  All persons over 17 who occupy an apartment should be obligated to comply with all provisions of the lease including payment of rent.  This is accomplished by naming them as tenants and having them sign the lease. 

      5.   If a person is guarantying payment of a lease, but not occupying the premises, should he sign the lease as a “co-signor”?

No.  Only persons who will occupy the premises should sign the lease.  Someone guarantying payment should sign a separate lease guaranty form.  It should be notarized (acknowledged in the presence of a notary public) if not signed in the presence of a management representative.  The guarantor’s identification should be verified by management if signed in the presence of management. 

      6.  Is there any requirement to put the duration of a lease (for example 10 months and 11 days) in a lease?

No.  It is best just to put the beginning date and ending date to avoid calculation errors.

      7.  Is there any requirement to put the total rent to be collected for the entire lease term in the lease?

No.  Only the periodic (normally monthly) payment amount is necessary.  Putting the total often leads to calculation errors.

     8.  Can the beginning date of a lease be different from the day it is signed?

Yes.  For example, a lease could be signed on June 15 and have a beginning date of July 1.  It is best to have the lease signed by all parties as soon as possible after approval.  Until the lease is signed, the tenant only has his deposit at risk.

     9.  Can I refuse to rent to adults between, say, 18 and 25-years old without children because I think they are more trouble than older adults?

Yes, unless your city or country has an ordinance prohibiting age discrimination.  Some local jurisdictions (such as Tampa and Hillsborough County) do prohibit age discrimination.  Federal law prohibits discriminating against families with children under 18 but does not protect other age groups.  You cannot refuse to rent to young adults with children because of age (of the adults or children) if they otherwise qualify. 

    10.  If I rent one bedroom apartments to two adults, can I refuse to rent to a qualified man and a 17-year old girl over whom he has custody?

No.  You must rent if he qualifies.  This qualifies as familial status under the federal Civil Rights Act and you cannot impose your moral judgment. 

    11.  Can I give rental discount to old people?

No.  This probably would be considered by fair housing agencies to be discrimination against families with children.  It is also age discrimination which is outlawed in some communities.

    12.  If a tenant is evicted, can he be held liable for rent for remainder of lease terms?

Yes, or until apartment is re-rented, which ever is sooner.  See F.S. 83.595. 

    13.  Can late charges be included in 3-day notice amount due?

Only if lease says that late charges are “additional rent”.  The same applies to other charges such as for returned checks.  If a judge deems the charges unreasonable even if defined as additional rent, the judge could refuse  to enforce.

    14.  Can a tenant’s improperly parked or unlicensed vehicle be towed?

Only if the lease gives management this right.  Otherwise the only remedy is a 7-day curative notice. 

    15.  Can commissions be paid to leasing agents or referral fees be paid to others?

Commissions can only be paid to licensed real estate agents and up to a $50.00 referral fee can be paid by an apartment community to a resident for the referral of a new resident.   See F.S.  475.011(13).

    16.  When must sales tax be collected?

Unless a lease is longer than 6 months for continuous residence or the person has been a continuous resident for longer then 6 months, the landlord must collect sales tax on rental payments and then remit the tax to the Florida Department of Revenue.  Most “corporate” leases probably are not sales tax exempt regardless of term because they are generally not entered into by a person for his or her continuous residence.

    17.  Must all leases be in writing?

No.  Probably all should be, but only those longer then one-year must be.  Although it has not been a big litigation issue, Florida Statute 689.01 requires that leases longer than one  year be signed by the grantor (landlord) in the presence of two subscribing witnesses.