Can I give a 7 day unconditional quit notice to a tenant who does not have a written lease?
Now I have to go to the hearing at the court house on the Jan 15, I would like to file an eviction on him before my court date , but since we do not have written lease can i still use the reason for him parking his trailer on the driveway as a viable cause for eviction
1 attorney answer
Not at all likely. The use of a Section 83.56 (2)(a) Florida Statutes "7 day notice" (i.e., the version WITHOUT OPPORTUNITY to cure), is not appropriate for "parking violations (i.e., the statute reads, "[e]xamples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance"). Moreover, this situation falls quite specifically within the scope of Subsection "b," where the tenant MUST BE GIVEN THE OPPORTUNITY TO CURE THE NONCOMPLIANCE (7 days after delivery of written notice), and if they do, there are no grounds to evict unless they do it again (from subsection, (b): "[e]xamples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; PARKING IN AN UNAUTHORIZED MANNER OR PERMITTING SUCH PARKING; or failing to keep the premises clean and sanitary.") As such, you might do better to simply terminate the month to month tenancy, which, while it may not allow you to "evict" them before the hearing, will at least allow you to get them out. You really should have a lawyer advising you heref you are trying to landlord these days. It's an operational necessity, I'm afraid. Hope this helps. gsg
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