Under Sec. 83.56(3) of the Florida Statutes, landlords can terminate the rental agreement 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.” .

Courts have held that certain factors give tenants more time to comply with the 3-Day Notice than the 3 days provided for under Section 83.56(3), Florida Statutes. Consequently, the Due Date, as stated in the 3-Day Notice, must take into account those factors. Courts have held the failure to do so makes the 3-Day Notice fatally defective and requires the dismissal of the complaint without leave to amend.

In SMITH vs. HUNT¹, a provision of the written rental agreement was as follows:

Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if within 10 days of receipt of such notice, lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time.

The court held that the 3 Day Notice was fatally defective for only giving the tenants 3 days notice. The court reasoned that the written rental agreement obligated the landlord to give the tenant 10 days to cure the default. Consequently, because the 3 Day Notice only gave the tenant 3 days to cure the default, it was fatally defective.

¹ SHARON SMITH, Plaintiff, vs. VERONICA HUNT, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-02057.

Before renting housing built prior to 1978, Landlords are required to disclose the presence of known lead-based paint and provide Tenants with the Federally approved pamphlet on lead-based paint poisoning prevention.

For a sample disclosure form, click here.

For a downloadable copy of the Federally approved pamphlet, click here.

If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney
Orlando, FL

Florida Law requires the following radon gas disclosure to be made prior to, or at the time of, entering into a rental agreement:

RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

This disclosure is specific to the State of Florida.  Accordingly, unless the Landlord is using a rental agreement drafted to comply with Florida law, most likely that document does not contain the required disclosure.  Too often, I come across Landlords that download leases for free off of the Internet.  One of the problems with this is that these Landlords only have a 1 in 50 chance of downloading a Florida specific rental agreement.  Consequently, there is a 98% chance that a randomly selected rental agreement found on the Internet is not a Florida specific.

If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

When the Tenant breached the rental agreement and either:

1. the landlord obtained a writ of possession;
2. the tenant surrendered possession; OR
3. the tenant abandoned the premises

the Landlord may:

1. retake possession for his own account (thereby terminating any further liability of the Tenant);
2. retake possession for the account of the Tenant (and holding the Tenant liable for the difference between what the Landlord is owed under the rental agreement and what that Landlord can recover from releasing the premises);
3. do nothing; OR
4. charge the Tenant an early termination fee.

If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney BEFORE choosing one of the available remedies provided for under Florida Law to determine which option is best for your current situation and to ensure the proper election of the chosen remedy.

If you are a Tenant and your Landlord is seeking damages from you as a result of your breach of a rental agreement, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for those alleged damages under Florida Law.

If you have any questions about Landlord / Tenant Law, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney