How do I terminate my tenancy?
Tags 7 day notice, 83.51, cure, florida, habitable, LANDLORD, TENANT
A tenant can terminate the tenancy when the leased premises is not habitable. However, Florida law provides a specific procedure that must be followed, which is to issue the landlord a 7 day notice to cure noncompliance. Then the landlord has seven days to make a reasonable effort to remedy the problem. If the landlord does make a reasonable effort, the landlord is in compliance and the tenancy can not be terminated. If the landlord does not make a reasonable effort during the seven days, then the tenant may either 1) remain in possession and go on rent strike or 2) if the property is not habitable, move out.
In the case of MURPHY vs. LOGIUDICE, County Court, 15th Judicial Circuit in and for Palm Beach County 2009. 16 Fla. L. Weekly Supp. 966a, the tenants began complaining of numerous items including that the air conditioning was not making the fourth bedroom and third bathroom cool enough. In response, landlord made timely and reasonable efforts to correct the items by hiring a licensed air conditioning repair company, who testified that the air conditioner was working sufficiently, but nevertheless replaced the filters on the air vents on numerous occasions and primarily attributed any air flow deficiency to tenants’ failure to change the filters as needed. Tenants continued complaining about the air conditioner and the landlord installed a new blower to better circulate the cold air into the fourth bedroom and third bathroom. Regardless, tenants issued landlord a 7 day notice of their intention to terminate the lease and move out, but the notice did not demand that the landlord cure the alleged violations rendering their notice defective under Florida Statute § 83.51(1) which sets out what a 7 day notice has to contain – which is that the landlord has 7 days to address the complaint. Then despite their allegation that the property was uninhabitable, they paid rent for three more months ( payment of rent voids a 7 day notice) and then moved out with five months remaining on the lease.
Landlord sued for the balance of the rent.
The court ruled that in order for the tenant to break the lease the property had to be uninhabitable, not just uncomfortable. While the Tenants may or may not have had subjective reactions to the temperature in the fourth bedroom and third bathroom, this alone does not constitute or evidence a material violation in the Lease, even so, the Plaintiff made good faith and timely efforts to cure the purported problem.
Further, Tenants waived their right to terminate the Lease by virtue of said violation, as they continued to pay rent to Plaintiff and reside at the Property, for approximately three (3) months after they sent the purported seven (7) day notice. See Pilver v. Lenox Realty Associates, LTD., 11 Fla. L. Weekly Supp. 968b (13th Jud. Cir. Appellate 2004). This fact alone is dispositive of the Court’s finding that the residence was not “uninhabitable,” an essential requirement to terminate the lease pursuant to § 83.56(a).