Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago on . Most recent reply

User Stats

73
Posts
12
Votes
Traci Lovelace
  • Investor
  • Tampa, FL
12
Votes |
73
Posts

Florida Tenant not giving required notice - what next?

Traci Lovelace
  • Investor
  • Tampa, FL
Posted

Hi All,

This is our only rental property.  We have a tenant whose lease ends August 31st.  It is an annual lease and requires 60 days notice by the tenant if they aren't going to renew.  I reached out to them on July 3 (inside the 60 days) and asked if they wanted to renew the lease at the same terms.  They indicated yes.  Today I was contacted by someone looking for a reference for them as tenants.  We are 34 days from renewal.  I reached out to the tenant and asked what was going on and have not had a response.

The lease we used is Florida specific and actually contains sections of the state's landlord tenant act in it.  There is also a liquidated damages section that states the tenant can be liable for a maximum of 2 months rent if they breach the lease.  However, the state requires that I give notice : The statute requires the landlord provide notice to the tenant of the liquidated damages penalty, within 15 days before the notice period begins. And the landlord must list all fees, penalties and applicable charges in the notice, otherwise the landlord’s claim for liquidated
damages may be invalidated by the courts.

So it would appear that I did not hit that target.  Do I have any recourse at all?

Loading replies...