The landlord’s seven-day notice of lease violation alleging unauthorized boarders was held defective for failing to provide the tenant with an opportunity to cure and also for alleging that the unauthorized boarder was arrested without indicating that boarder was engaged in criminal activity — Mere arrest is not tantamount to criminal activity or violation of lease.
1. Defendantl Warren, (hereinafter “Ms. Warren”) occupies residential real property owned by Plaintiff, Miami-Dade County, under a public housing lease.
2. Plaintiff filed a complaint for eviction against Ms. Warren on November 11, 2010, based upon a 7-Day Notice of Termination.
3. Plaintiff’s 7-Day Notice of Termination states in pertinent part: “Ms. Warren you have two unauthorized boarders living in your unit who are not listed on your public housing lease. One was arrested at your unit on 10/22/2010 for Violation of Probation due to Possession of a loaded gun which was in plain sight on the nightstand (No Permit for Gun). The arrestee gave the arresting officer Ms. Warren’s address as her place of residence.”
4. Proper statutory notices must be provided for each violation alleged by Plaintiff in the complaint.
5. Plaintiff’s 7-Day Notice of Termination is defective as it failed to provide Ms. Warren with an opportunity to cure regarding the allegation of unauthorized persons.
6. In accordance with Section 83.56(2)(b), Florida Statutes, an unauthorized person residing in a public housing unit is the type of non-compliance for which a tenant should be given an opportunity to cure.
7. Plaintiff’s 7-Day Notice of Termination is also defective as it alleges that the unauthorized person was arrested with a crime and does not indicate that the person has engaged in criminal activity.
8. Plaintiff cannot evict a public housing tenant for criminal activity when the only allegation is that the person has been arrested. Merely being arrested is not criminal activity and is not a violation of the lease.
9. As the notice of termination was defective, Plaintiff’s complaint for eviction is dismissed.
MIAMI-DADE COUNTY, v. WARREN, . County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 10-18626 CC 05. June 16, 2011. Online Reference: FLWSUPP 1905WARR