Forms

LANDLORD – TENANT FORMS

Notice of Deposit.  A landlord of 5 units or more must give this notice to the tenant within 30 days or receiving a security deposit or deposit of advance rent.

Claim on Security Deposit.  If the landlord wants to deduct from the tenant’s security deposit,  this form must be completed and mailed by certified mail to the tenant’s last known address within 30 days of the tenant’s departure.

3 Day Notice for any Florida county.  This is the demand for  a residential tenant to pay the rent.  You can not file an eviction for non-payment of rent, until you have posted a 3 day notice and the three days have passed.  The 3 day notice  must be posted on the tenant’s door with a deadline to pay the rent  of 3 business days later if the rent payment address is in the same county.  Weekends and court Holidays are not counted as part of the three days. You will have to check with the clerk of the court for your county to see which holidays  they take off.   It varies from one county to the next.

If the rent payment address is in a different county  or is a PO Box,  you must add five calendar days to the due date.  If the due date falls on a Sunday or Holiday,  it is moved to the next day.

Demand for Possession   If someone is living in your property but there is no “rental agreement,”  then the landlord-tenant statute is not applicable.  Instead,  you have to file an unlawful detainer suit.  The first step is to deliver a demand to vacate.

If someone is living in your property for a short time,  does not have their own room, pay rent or utilities, receive mail,  or have id with that address,   you may request the police to remove them by providing a  Transient Affidavit.  Although this is pursuant to state law,  you may find that your local law enforcement agency will not enforce it, and force you to file an unlawful detainer case in County Court.

Termination of rental agreement upon foreclosure.  Purchaser at foreclosure sale must give former tenants in possession a 30 day notice to vacate before filing for a writ of possession.

Notice of lease violation.  (7 day notice)  This is the notice to the tenant to cure a violation of the lease terms within 7 days.   If the violation has not been cured, or of it re-occurs within a year,  the landlord may file for eviction.

Notice to cure lease violation Commercial Tenancy (15 day notice)  This is the notice to a non-residential tenant to cure a violation of the lease terms within 15 days.   If the violation has not been cured, or of it re-occurs within a year,  the landlord may file for eviction.

Tenant’s Notice of NonCompliance  (7 day notice)  If a residential landlord is in breach of the lease,  the tenant must serve the landlord with this notice whereupon the landlord has 7 days to cure the violation or the tenant may stop paying rent or terminate the tenancy.  Note:  that this may result in the landlord filing an eviction so a tenant is cautioned to seek legal advice before refusing to pay the rent.

20 Day Notice to commercial landlord to maintain or repair. (20 day notice)  If a commercial landlord’s failure to maintain or repair items that are the landlord’s responsibility under the lease terms,  and that failure has rendered the leased premises wholly untenantable,   the tenant may give this notice to the landlord  that the tenant will make no further rent payments under the repairs are made… If the repairs are  made within 20 days,  the tenant must pay the withheld rent. If the repairs are not made in 20 days  the tenant may terminate the tenancy and move out,  keeping the rent withheld,  and having no further obligations under the lease.  Note:  that this may result in the landlord filing an eviction so a tenant is cautioned to seek legal advice before refusing to pay the rent.

Notice of new lease terms.   A month to month tenancy automatically renews indefinitely.  If you want to change the terms / raise the rent,  you have to provide notice 15 days before the end of any given monthly rental period.

Notice of non-renewal of month to month tenancy.  (15 day notice)   A month to month tenancy automatically renews indefinitely.  The landlord must provide notice 15 days before the end of any given monthly rental period to end the tenancy.

The tenant may also terminate the tenancy with this notice:  Tenant’s Notice of Non-Renewal (15 day notice)

Notice of intent to enter.  The landlord is required to provide 12 hours advance notice before entering into the leased premises.

NonmilitaryAffidavitBlank   You have to file an affidavit that the tenant is not active duty military in order to obtain a default judgment together with the report generated by the Department of Defense on their website.

Landlord Tenant Law Outline 2011.  Comprehensive outline of Florida Residential Landlord tenant law by the Florida Judicial College.  This 42 page outline will download as a pdf file.

REAL ESTATE FORMS

AUTHORIZATION TO RELEASE INFORMATION.   Allows your mortgage company to communicate with someone else (i.e. your realtor, or attorney)  about your mortgage.

Deedinlieu.  The lender may agree to allow the borrower to deed them the property  instead of foreclosing on it.  While this extinguished the mortgage lien,  it does not necessarily cancel the obligation to repay the loan.

IRS  Application for withholding certificate. If the seller is foreign you can send a request to the IRS to provide a certificate stating whether any of the sales proceeds (which is the sales price plus loan amount forgiven) have to be withheld at closing.   The IRS states off the record that they are not withholding on short sales and deed in lieu’s, but you will still need to get the certificate.

Advertisements

6 thoughts on “Forms”

  1. Rosanne Mc said:

    We have tenants who broke their lease early. The lease was to run from 10/18/12-10/18/13. They left June 30th. Their rent was $1495 per month with a $1495 security deposit. There is an “early termination/liquidated damages clause” to which we both signed. They have refused to return any contact. We had a disucssion with them about exercising the clause but they never responded.$2990 (2months rent). Am I allowed to “itemize bill them” for the overages of their deposit as well? I would like to send them a certified letter saying that we will give them say 5 business days to pay the $2990+the overages on the deposit damages and if they do not pay up within that time, we will pursue them in court for full damage amount plus full lease amount ending October 18, plus court costs, management costs, fees, etc.
    They were aware that once their lease ended we would not be re-renting, but putting the property up for sale.
    Please offer your thoughts and advice on this. We like to do things by the book.

  2. I’m looking for a Notice of non-renewal of residential lease (annual) as opposed to a Notice of non-renewal of month to month tenancy.

    • Annual leases simply expire at their termination date. You do not have to give notice that it is not renewing. If the tenant does not vacate, you can file for eviction without further notice. If you accept rent after the expiration of the annual lease, you will create a month to month tenancy.

      • Hello and Thank you for your informative site.

        What if the tenant has no contract?
        He refuses to pay the increase of the rent and is subletting all the bedrooms? Do I evict them all, give them the “notice of non renewal” to each or just to the man who I was doing business with?

        Thank you,

        Natalie

      • The rights of the sub-tenants derive from the main tenant. Thus when you terminate the tenancy of the main tenant, the tenancies of the sub-tenants are also terminated. You may terminate the tenancy by providing a notice of non-renewal 15 days before the end of any given monthly rental period.

  3. I let a “friend” move in without a lease a year ago. Now I want to give her an annual lease, as well as get security deposit. I also am going to raise rent. I know I have to do this with a 15 day notice. What is the proper procedure? A typed notice posted to the door with the new propasal and terms?

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s