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.