Thinking About Terminating Your Tenant’s Tenancy?
If Your Property Is In Broward County Or Palm Beach County, Not So Fast!
Effective May 1, 2022, ORDINANCE NO. 2022-21 went into effect in Broward County and ORDINANCE NO. 2022-027 went into effect in Palm Beach County. At the local level, the Board of County Commissioners in Broward County and Palm Beach County have desided to supplement the notice provisions of Florida Statute 83.57 when terminating residential tenancies, and by way of this ordinance, they did just that. Sec. 20-105, which is titled: Required written notice of termination of quarterly and monthly residential tenancies without specific duration; written notification requirements related to rental payment increases for all residential tenancies, states:
(a) A residential tenancy without a specific duration and in which the rent is payable on a quarterly or monthly basis may be terminated by either the landlord or tenant by giving not less than sixty (60) days’ written notice prior to the end of the applicable quarterly or monthly period.
When Does This Ordinance Not Apply?
- This ordinance does NOT APPLY to or change the terms of any residential tenancies or renewals that existed prior to May 1, 2022.
- This ordinance does NOT APPLY if the subject property is located outside of Broward County.
- For month-to-month tenants (pay rent monthly) or tenants who pay rent on a quarterly basis, either the landlord or the tenant must give 60 days’ written notice to terminate the tenancy.
What Is A Rental Agreement?
This eviction blog focuses on Florida residential landlord/ tenant law. Florida Statute 83.43 states that a “Rental Agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
To see other important definitions that are defined in Florida’s residential eviction statute, see Florida Statute 83.43.
Florida Tenancy With A Specific Term
So what happens when a written residential rental agreement is about to end? A Notice of Non-renewal is a document drafted by a landlord or by a tenant giving the other party sufficient notice that the current rental agreement will not be renewed for another term. It is important to look at your rental agreement to see how much notice must be given to the other party if it is decided there will be no further lease extensions or renewals of the tenancy.
Pursuant to Florida Statute 83.575, the rental agreement may not require more than 60 days’ notice from either the tenant or landlord regarding non-renewal.
Additionally, the rental agreement may provide that if a tenant fails to give the required notice before vacating, the tenant may be liable for liquidated damages if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provisions of the rental agreement. If the tenant remains on the property the permission of the landlord after the rental agreement has ended and fails to give notice, the tenant is liable for an additional 1 month’s rent.
Florida Tenancy Without A Specific Term
On the other hand, if the tenancy is without a specific term, the tenancy may be terminated by either party giving written notice in the following time frame:
- year to year tenancy is by giving not less than 60 days’ notice;
- quarter to quarter tenancy is by giving not less than 30 days’ notice;
- month to month tenancy is by giving not less than 15 days’ notice; and
- week to week tenancy is by giving 7 days’ notice.
See Florida Statute 83.57. These written notes are traditionally called a notice of termination of tenancy. If the tenant receives one of these notices, but stays on the premises after the tenancy has been terminated, the tenant becomes a hold-over tenant. This is grounds for eviction and by filing the suit, the landlord may seek possession of the premises along with damages.
Remedies For Tenant Holding Over
Pursuant to Florida Statute 83.58, if the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in Florida Statute 83.59. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
Supreme Court End’s Biden’s Eviction Moratorium
On August 26, 2021, the Supreme Court struck down the Centers for Disease Control and Prevention (CDC) nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID-19 transmission and who make certain declarations of financial need that was set to expire on October 2, 2021. The Supreme Court went on to hold that if a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. **CLICK HERE** to find a copy of the Supreme Court Order. Unless Congress exercises its authority, evictions for non-payment of rent may now proceed.
Former Hold Through October 2, 2021
(Blocked by Supreme Court Order Dated 8.26.21)
The CDC Eviction Moratorium has been extended through October 2, 2021 for some residential evictions. **CLICK HERE** to see the most updated Order issued by the CDC. Although the most recent order is bound to create legal battles as landlords continued to get crushed by tenants not paying their rent, there may be light at the end of the tunnel for Florida residential landlords, as much of the eviction moratorium relief monies have yet to be disbursed to struggling landlords and tenants.
Former Hold Through July 31, 2021 (Expired)
The CDC’s Federal Eviction halt does not apply to all evictions in Florida. Unless matters change, currently the CDC’s directives only protect residential tenant’s from being evicted for the non-payment of rent through July 31 2021. For a link to a summary of the CDC’s new Eviction update, please CLICK HERE. Also, even if the tenant is being evicted for non-payment of rent, the tenant must still adhere to the guidelines and meet the criteria as set forth in the CDC Order to be protected by the eviction moratorium. In sum, a landlord has the ability to still progress an eviction action for non-payment of rent, but it is up to the tenant to stop the eviction from being finalized. Even if the tenant attempts to delay a non-payment of rent eviction from being completed, in Florida, the landlord may request an evidentiary hearing with the Court to challenge the truthfulness of the tenant’s CDC defenses.
Commercial Evictions, both monetary and non-monetary, along with residential evictions for hold-over tenancies (this occurs when the tenant remains in the property after their lease has been terminated or not renewed) and evictions for non-monetary violations of the rental agreement may still proceed as normal and are not affected by the CDC moratorium.
For a link to our firm’s website with free residential notice forms, including a 3 Day Notice, 7 Day Notice, and 15 Day Notice of Termination of Tenancy, please click on the link below:
A Notice of Non-renewal can be for any reason as long as it is NOT made for discriminatory purposes. Need assistance with drafting a correct Florida Notice of Non-renewal? Law Office of Ryan S. Shipp, PLLC is here to help. Our Eviction Attorneys have handled over 3,000 + commercial and residential tenant and eviction matters throughout the State of Florida and we know how to properly navigate through court in order to get you back possession of your property fast! Call us today at 561.699.0399 to set-up a consultation. We are located in Lantana, Florida. We serve South Florida and ALL counties throughout the State of Florida.