Form 2 – Notice From Landlord To Tenant Notice Of Noncompliance For Matters Other Than Failure To Pay Rent in Florida
The document is a form titled “Notice from Landlord to Tenant Notice of Noncompliance for Matters Other than Failure to Pay Rent,” used in Florida to inform a tenant that they are not meeting the conditions of their rental agreement, excluding issues related to rent payment. This notice specifies that the tenant has violated either statutory obligations to maintain the dwelling as outlined in Florida Statute 83.52, the rental agreement itself, or reasonable rules set by the landlord.
The form guides the landlord on how to legally deliver this notice, which may be done by mailing or physically delivering it to the tenant’s dwelling. It also outlines circumstances under which the landlord may terminate the rental agreement without offering the tenant an opportunity to remedy the violation, especially in cases involving intentional property damage.
The notice must be delivered with a clear seven-day window for the tenant to address the issue before any termination of the rental agreement or eviction process begins. If the tenant repeats the same or similar conduct within twelve months, the landlord may terminate the tenancy without further notice.
The form contains placeholders for the tenant’s name, the specific noncompliance, and the landlord’s details, and concludes with information on the legal backing and recommendations for consulting an attorney if necessary. It is approved for use under a specific rule of the Florida Bar and includes a section for documenting the assistance received in completing the form.
Here is a step-by-step guide on how to fill out this form:
Step 1: Tenant Information
- Tenant’s Name: Fill in the full name of the tenant to whom the notice is being issued.
- Address: Write the complete address of the rental property, including the unit number if applicable.
- City, State, Zip Code: Provide the city, state, and zip code of the rental property.
Step 2: Landlord Information
- From: This section is typically filled out by the landlord or the property manager issuing the notice.
- Date: Enter the date on which the notice is being issued.
Step 3: Description of Noncompliance
In the provided space that states “You are hereby notified that you are not complying with your rental agreement in that [insert noncompliance, default or violation],” clearly describe the specific nature of the noncompliance or violation. Be as detailed as possible to avoid any ambiguity. This might include violations like unauthorized pets, damage to property, or failure to maintain cleanliness standards.
Step 4: Landlord’s Demand
The form automatically includes a demand for the tenant to remedy the noncompliance within seven days of receiving the notice. There is no need to alter this unless specific circumstances dictate a different timeframe (which should be legally advised).
Step 5: Repeat Violation Warning
The form includes a warning about repeated conduct. If applicable, specify any additional details or previous incidents to clarify the warning.
Step 6: Landlord’s Contact Information
- Landlord’s Name: Enter the name of the landlord or the managing agent.
- Address: Provide the address from which the landlord or management operates.
- Phone Number: List a contact number where the landlord or manager can be reached.
Step 7: Legal and Compliance
The bottom section of the form, related to the rules regulating the Florida Bar and assistance information, is typically for administrative use and may require input if the form is being prepared with professional assistance.
- Name: If a lawyer or another professional helped fill out the form, their name goes here.
- Address and Telephone Number: Include the professional’s office address and phone number.
Final Steps
- Review: Double-check all entries for accuracy and completeness.
- Delivery: Follow the specified methods of delivery (mailing, delivering, or posting) to ensure it complies with legal requirements. It might be wise to use certified mail or another method that provides proof of delivery.
Additional Notes
- Keep a copy of the completed form for your records.
- Consider consulting with an attorney before issuing the notice to ensure all legal procedures are correctly followed, especially if the situation may lead to eviction proceedings.
By carefully following these steps, landlords can ensure they provide a clear and legally compliant notice to their tenants, minimizing potential disputes and misunderstandings.