As a Florida landlord, you may encounter situations where a tenant commits a serious lease violation that cannot be cured. In these cases, Florida law allows landlords to terminate the tenancy immediately with a 7-day notice for incurable violations under Florida Statutes § 83.56(2)(a).
This guide explains what qualifies as an incurable violation, how to properly serve notice, and provides a free downloadable notice template for landlords.
What Is an Incurable Lease Violation?
An incurable violation is a serious breach of the lease that cannot be corrected, meaning the tenant must vacate the property within 7 days. These violations are typically severe, including:
✔ Illegal activity on the premises (e.g., drug manufacturing or distribution, prostitution, violent crimes).
✔ Intentional destruction of property (e.g., vandalism, arson, or severe damage to rental unit).
✔ Threats or violence toward other tenants or the landlord.
✔ Repeat violations of the lease after prior warnings.
💡 Key Difference: Unlike curable lease violations, which allow the tenant to fix the issue (such as unauthorized pets or excessive noise), incurable violations result in automatic lease termination.
How to Properly Serve a 7-Day Notice for Incurable Violations
Florida law requires that landlords properly serve notice before proceeding with an eviction lawsuit. The 7-day notice for incurable violations must be:
✔ Written clearly, stating the violation and termination date.
✔ Personally delivered to the tenant or posted at the rental unit.
✔ Sent via certified mail (recommended for proof of service).
If the tenant fails to vacate within 7 days, the landlord can immediately file for eviction in county court.
7-Day Notice of Termination for Incurable Violation (Template)
Below is a ready-to-use template for Florida landlords to serve a 7-Day Notice for Incurable Violation.
7-DAY NOTICE OF TERMINATION FOR INCURABLE VIOLATION
(Pursuant to Florida Statutes § 83.56(2)(a))
Date: [Insert Date]
Tenant(s) Name(s): [Insert Tenant Name(s)]
Rental Property Address: [Insert Rental Property Address]
Dear [Tenant’s Name],
NOTICE OF TERMINATION OF TENANCY
This is to formally notify you that your tenancy at the above-referenced property is terminated effective seven (7) days from the date of this notice, due to a serious and incurable lease violation as outlined under Florida Statutes § 83.56(2)(a).
Nature of the Violation:
[Clearly describe the violation, e.g., illegal drug activity, intentional damage to the property, repeated lease violations after prior warnings, criminal activity, or conduct endangering others.]
Example:
On [insert date], you engaged in illegal drug activity on the premises in violation of your lease agreement and Florida law. Illegal activity is an incurable breach of the lease, and your tenancy is hereby terminated.
As this violation is considered incurable, you do not have the option to remedy the breach. You are required to vacate the property on or before [Insert Date – 7 Days from Notice Date].
If you fail to vacate the premises within this timeframe, legal action will be taken to recover possession of the rental unit, and an eviction lawsuit will be filed against you in court. You may also be responsible for court costs and attorney’s fees as allowed by law.
Landlord/Property Manager Information
Landlord/Agent Name: [Insert Landlord or Property Manager Name]
Landlord/Agent Address: [Insert Mailing Address]
Landlord/Agent Phone Number: [Insert Contact Number]
Landlord/Agent Email: [Insert Email Address]
Signature:
[Landlord/Property Manager Signature]
[Printed Name]
If the tenant does not vacate within 7 days, the landlord can:
What Happens If the Tenant Refuses to Leave?
✔ File an eviction lawsuit in county court.
✔ Obtain a court-ordered Writ of Possession.
✔ Have the sheriff remove the tenant from the property.
In most cases, tenants leave voluntarily after receiving a 7-day notice, but if they refuse, landlords must follow the legal eviction process to avoid penalties.
Final Thoughts: Enforcing Lease Violations the Right Way
Florida law protects landlords from tenants who engage in illegal activity, destroy property, or pose a danger to others. By serving a 7-day notice for incurable violation, landlords can take swift legal action to regain possession of their property.
📌 Need help with an eviction? If you are dealing with a serious lease violation and need legal assistance, contact our office today for professional guidance.