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7 Day Notice to Cure

If a tenant has violated the lease agreement or the tenant's obligations under F.S. 83.52, the landlord must follow the notice requirements provided in F.S. 83.56(2)(b).


F.S. 83.56(2)(b) states,


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… 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…

Examples of Curable Violations


Statutory 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, and

  • failing to keep the premises clean and sanitary.

Other examples may include,

  • tenant violated an HOA rule, e.g. not maintaining the lawn.

  • tenant didn’t put utilities in his name upon move-in.

Elements of a Proper 7 Day Notice to Cure


-Specify the noncompliance to be cured.

  • Courts require specificity regarding the facts that form the basis of the non-compliance. This includes the statute or lease provision that the tenant violated, and the facts that constitute the violation. The lack of specificity may render the notice legally defective and serve as a legal defense to the eviction based on that notice.

-Demand that the tenant cure the stated noncompliance.


-State the landlord’s intent to terminate lease if tenant does not comply.


-State that if the tenant commits the same or similar violation within 12 months of the notice may result in termination of the lease without further warning or opportunity to cure.


Attorney Preparation


In MIAMI SOAR MANAGEMENT CORP v. LUIS VINDELL, 2019-010939-CC-05, County Court, 11th Judicial Circuit in and for Miami-Dade County (August 13, 2019), the court dismissed the plaintiff’s eviction that was based on a Notice to Cure, ruling that the notice was defective as it was not based on nonpayment of rent, and it was drafted and served by a property manager and not an attorney.


On this ruling, property managers must have an attorney draft a 7 day notice to cure, but individual landlords who own the rental property may prepare their own notices. However, if the landlord is a company that manages its own rental properties, a court may still require the company to have an attorney prepare the 7 day notice since companies cannot practice law without a license.


Waiver


F.S. 83.56(5)(a) provides,


“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,… the landlord [ ] 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."


The following landlord actions constitute a waiver to evict:

  • The landlord accepts full rent payment with actual knowledge of a noncompliance by the tenant, and

  • The landlord accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions.

Actions That Do Not Constitute Waiver


The following do not constitute a waiver to evict:

  • The tenant commits a subsequent non-compliance.

  • The tenant’s non-compliance is continuing in nature.

  • For example, the 3rd District Court of Appeals ruled that a landlord was permitted to accept rent during the notice to cure period. There, the landlord gave the tenant 60 days to pay for insurance. The tenant paid rent the next month prior to expiration of the 60 days. The court ruled that acceptance of the rent did not constitute a waiver. Cricket Club Mgt. Corp. v. Cricket Club Condo., Inc., 510 So. 2d 1162 (Fla. 3d DCA 1987).

  • The Landlord accepts partial rent for the period.

One Florida court held that a “no waiver” lease provision permitted the landlord to accept rent or a variance of the lease and not waive his right to evict. Eskridge v. Macklevy, Inc., 468 So. 2d 337 (Fla. 1st DCA 1985).


Tip: ensure that your lease agreement has a “no waiver” lease provision so that if a tenant defends on this ground, the landlord has a legal argument to overcome of the defense.


Example “No Waiver” lease provision: “The parties agree that the Landlord does not waive its right to institute an action for possession against the Tenant if the Tenant is in non-compliance with his or her tenancy obligations and the Landlord accepts rent after knowing of the non-compliance.”


Improper 7 Day Notice to Cure Language


To Tenant:

I am sick and tired of your annoying and bad behavior. Get out in 7 days.

Signed, Landlord

ANALYSIS: Th