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Landlord filed an eviction in Miami Beach, Florida for holdover on February 10, 2016 . The notice of non-renewal of the month to month tenancy was dated November 16, 2015 effective November 30, 2015.  Not only did this fail to give the tenant the fifteen days notice of non-renewal required by §83.56 F.S., but the Miami Beach Code of Ordinances Sec. 58-386, requires thirty days notice of non-renewal of a month to month tenancy. Landlord filed a new notice of non-renewal dated July 11, 2016 and attempted to proceed with the original eviction case.

The court ruled that §83.59(1), Fla. Stats., requires that a landlord lawfully terminate a lease agreement before it can initiate eviction proceedings. At the time Plaintiff filed this eviction action in February, Plaintiff had not properly terminated Defendant’s tenancy. A proper notice of termination is a condition precedent to an eviction. Bell v. Kornblatt, 705 So. 2d 113 (Fla. 4th DCA 1998) [23 Fla. L. Weekly D264a]; Investment and Income Realty, Inc. v. Bentley, 480 So.2d 219, 220 (Fla. 5th DCA 1985).  A cause of action must accrue prior to the filing of a complaint. Hasam Realty Corp. v. Dade Cty., 178 So.2d 747 (Fla. 3d DCA 1965); Rolling Oaks Homeowners Ass’n v. Dade Cty., 492 So.2d 686 (Fla. 3d DCA 1986); Smith Barney Shearson v. Berman, 678 So.2d 376 (Fla. 3d DCA 1996) [21 Fla. L. Weekly D1483h].

Author’s Note:  If the eviction had been for nonpayment of rent, the court would have reached the opposite result as §83.60(1)(a) provides that in an action by the landlord for possession of a dwelling unit based upon non-payment of rent, or an action to recover unpaid rent…  the landlord must be given an opportunity to cure a deficiency in a notice or pleadings before the dismissal of the action.

MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION v. LUIS DIAZ,. Miami-Dade County, Civil Division. Case No. 2016-000407-CC-24. October 21, 2016.  24 Fla. L. Weekly Supp. 708a