Notice From Tenant To Landlord - Termination For Failure Of Landlord To Maintain Premises [Sample And Form]

FORM 3 NOTICE FROM TENANT TO LANDLORD--TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT INSTRUCTIONS Tenant should carefully review Sections 83.51(1) and 83.51(2) Florida Statutes and the rental agreement and should ensure that the violations by the Landlord alleged by the Tenant in the notice do, in fact, exist. The Tenant's right to terminate the rental agreement exists only after giving the notice and if the Landlord materially fails to maintain the premises as re quired by section 83.51 or material provision of the rental agreement. S ection 83.51(1) provides as follows: 83.51 Landlord's obligation to maintain premises. (1) The Landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where t here a re no a pplicable bui lding, ho using, o r health co des, main tain th e ro ofs, windows, sc reens, doors, fl oors, st eps, porches, e xterior wal ls, fo undations, an d al l ot her structural components in good repair and capable of resisting normal forces and loads and the plumbing i n reasonable w orking c ondition. However, t he La ndlord s hall n ot be required to maintain a mobile home or other structure owned by the Tenant. The Landlord's obligations under this subsection may be modified by the lease in the case of a single-family home or duplex. (2) (a) Unless o therwise ag reed i n writing, in additio n to t he req uirements o f subsection (1 ), th e landlord o f a dwelling un it o ther th an a sin gle-family h ome o r d uplex shall, at all times during the tenancy, make reasonable provisions for: 1. T he extermination of rats, mice, roaches, ants, wood-destroying organisms, and be dbugs. When vacation of the prem ises is require d for such extermination, the landl ord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph. 2. Locks and keys. 3. The clean and safe condition of common areas. 4. Garbage removal and outside receptacles therefor. 5. Functioning facilities for heat during winter, running water, and hot water. (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, t he t erm "sm oke det ection device" m eans an el ectrical or battery-operated device w hich det ects visible or invisible p articles of co mbustion and whi ch is listed by American LegalNet, Inc. www.FormsWorkFlow.com Underwriters Laboratories, Inc., Factory Mutual Laboratories, In c., or any other nationally recognized testing laboratory using nationally accepted testing standards. (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59. (d) This subsection shall not apply to a mobile home owned by a tenant. (e) Nothing co ntained i n t his su bsection pr ohibits t he l andlord f rom pro viding i n t he re ntal agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities. (3) If t he duty i mposed by su bsection ( 1) i s t he sam e or great er t han any dut y i mposed by subsection (2), the landlord's duty is determined by subsection (1). (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or om ission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent. SOURCE: Section 83.56, Florida Statutes (2007). FORM NO TES A RE FOR I NFORMATIONAL PURPO SES ONLY AND MA Y NOT CO MPLETELY DESCRIBE REQUIREMENTS O F FL ORIDA L AW. YOU S HOULD CO NSULT A N AT TORNEY A S NEEDED. American LegalNet, Inc. www.FormsWorkFlow.com NOTICE FROM TENANT TO LANDLORD--TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT To: Landlord's N ame (or La ndlord's a uthorized representative, r esident m anager, or t he per son who collects the rent from the Landlord) Address City, State, Zip Code From: Date: Re: Seven Day Not ice o f No ncompliance t o Landlord This is to inform you that you are not maintaining my dwelling unit as required by Florida Statute 83.51(1) and our rental agreement. If you do not complete the following repairs, non-compliance, violations, or default in the next seven days, I i ntend to terminate the rental agreement, move out, and hold you responsible for any damages resulting from the termination: [list Landlord's violations, non-compliance, or default] _ ______________________________________ Tenant's Name __________________________ Address, Unit Number_____________________ _______________________________________ Phone Number __________________________ Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 2010 This form was completed with the assistance of: Name: Address: Telephone Number: American LegalNet, Inc. www.FormsWorkFlow.com NOTICE FROM TENANT TO LANDLORD--TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT To: Landlord's N ame (or La ndlord's a uthorized representative, r esident m anager, or t he per son who collects the rent from the Landlord) Address City, State, Zip Code From: Date: Re: Seven Day Not ice o f No ncompliance t o Landlord This is to inform you that you are not maintaining my dwelling unit as required by Florida Statute 83.51(1) and our rental agreement. If you do not complete the following repairs, non-compliance, violations, or default in the next seven days, I i ntend to terminate the rental agreement, move out, and hold you responsible for any damages resulting from the termination: _ ______________________________________ Tenant's Name __________________________ Address, Unit Number_____________________ _______________________________________ Phone Number __________________________ Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 2010 This form was completed with the assistance of: Name: Address: Telephone Numb