Tenant of a public housing project in Deerfield Beach , Florida posted a notice on his door threatening to shoot any trespassers. The landlord responded on May 23, 1995 by posting a seven day notice of lease termination under 83.56(2)(a) (repeat violation within twelve months of a prior notice of the same violation and /or incurable lease violation). The tenant had been previously served with a notice to cure lease violation November 30, 1994. The court found that tenants threat to shoot trespassers was both a repeat lease violation and an incurable lease violation, justifying immediate termination of the tenancy.
The court also found that if landlord’s notice did not meet federal guidelines for termination of public housing, tenant’s remedy would be in Federal Court, but as landlord’s notice complied with Florida state law, the Florida state courts had jurisdiction to terminate the tenancy.
SCHAPIRO, Defendant/Appellant, v. DEERFIELD BEACH HOUSING AUTHORITY, Plaintiff/Appellee. 17th Judicial Circuit in and for Broward County, 1996.