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
This form is used by tenants in Florida to notify their landlords of the termination of the rental agreement due to the landlord’s failure to maintain the premises in accordance with the stipulated requirements. The form is detailed and instructs the tenant on how to proceed legally, citing specific sections of the Florida Statutes that govern such situations.
The notice requires the tenant to list specific failures by the landlord to comply with maintenance obligations as outlined in the rental agreement or by statutory requirement. It emphasizes the legal steps a tenant must follow before they can terminate the agreement, including a detailed description of the landlord’s obligations such as maintaining structural components in good repair, ensuring the provision of extermination services, and keeping common areas clean and safe.
This form also includes sections for the tenant to fill in their details and the specifics of the noncompliance by the landlord, along with a declaration of intent to terminate the rental agreement if the issues are not resolved within a seven-day period. The form is approved for use under specific rules regulating The Florida Bar and provides spaces for additional legal assistance details if used.
Here is a helpful guide on how to fill out this form:
Step-by-Step Instructions
Review Statutes and Agreement: Before filling out the form, review sections 83.51(1) and 83.51(2) of the Florida Statutes and your rental agreement to ensure the violations by the landlord actually exist and are significant enough to warrant this action.
Fill in the Landlord’s Information
- To: Enter the full name of the landlord or their authorized representative. If you usually deal with a property manager or another intermediary, list their name here.
- Address, City, State, Zip Code: Provide the complete address where you typically send your rent or any formal communication.
Fill in Your Information
- From: Write your full name as the tenant.
- Date: Enter the date on which you are filling out the form.
Notice Subject Line
- Re: Typically, this would be something like “Seven Day Notice of Noncompliance to Landlord.” This line sets the tone and purpose of the document.
Body of the Notice
- Begin with a formal statement notifying the landlord of the issue. For example: “This is to inform you that you are not maintaining my dwelling unit as required by Florida Statute 83.51 and our rental agreement.”
- Specify what repairs or maintenance tasks have been neglected. Clearly list each issue in detail.
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- State the consequences if these issues are not addressed within seven days, specifically mentioning your intent to terminate the rental agreement and move out.
List of Violations
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- [list Landlord’s violations, non-compliance, or default]: Here, you need to be specific and descriptive about each violation, linking them directly to the failures in maintenance as stipulated by law or your rental agreement.
Signature and Contact Information
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- Sign your name to validate the form.
- Below your signature, provide your full address (including unit number if applicable) and a reliable contact phone number.
Legal Advisor (Optional)
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- If you filled out the form with legal assistance, include the name, address, and phone number of the advisor.
Additional Tips
- Keep Copies: Always keep a copy of the notice for your records.
- Send via Certified Mail: Send the notice via certified mail or another method that provides proof of delivery.
- Consult a Lawyer: If you are unsure about the process or need specific advice, consider consulting a lawyer to ensure your rights are protected.
Filling out this form accurately is crucial as it officially communicates your concerns to your landlord and sets in motion your rights under Florida law.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.