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Landlord-tenant — Eviction — Notice — Defects — Notices to terminate month-to-month tenancy are fatally defective for giving less than sixty days’ notice and for attempting to terminate tenancy in middle of monthly period
Landlord filed an Eviction Complaint based on two notices to terminate the Defendant’s month-to-month tenancy. The duration of the tenancy was a calendar month.
The first notice dated July 22, 2022 informed the Defendant that she had to vacate the property by August 26, 2022, thus providing the Defendant 35 days’ notice.
The second notice, titled a 60-Day Notice, dated September 6, 2022, informed the Defendant that she had to vacate the property by September 22, 2022, thus providing the Defendant only 16 days’ notice.
The complaint was filed September 23, 2022.
A proper and non-defective notice is a statutory condition precedent to filing an eviction action.
A statutory cause of action cannot be commenced until Plaintiff has complied with all conditions precedent. See Ferry Morse Seed Co. v. Hitchcock, 426 So.2d 958 (Fla. 1983).
Section 17-03(a) of the Code of Ordinances of Miami-Dade County, Florida states:
A residential tenancy without a specific duration in which the rent is payable on a monthly basis may be terminated by giving not less than 60 days’ written notice prior to the end of any monthly period. The parties may not terminate a tenancy in the middle of a monthly period.
Therefore landlord’s case was dismissed.
ALANA OGLESBY v. KIYANCA CRAWFORD. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2022-037939-CC-23. Section ND01. November 1, 2022. Myriam Lehr, Judge. 30 Fla. L. Weekly Supp. 631a
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