Legal Question in Landlord & Tenant Law in Florida

I asked this question the other day but let me narrow this down so I can receive a clearer answer. If you could please refer to Fla. Sta. 83.56(2)(b) before answering this I would greatly appreciate it (specifically (2)(b)). My lease specifies that an unauthorized guest violation is a non curable violation that can lead to an immediate eviction. However, if you take a look at Fla. Sta. 83.56(2)(b) this SPECIFICALLY states that an unauthorized guest violation is noncompliance that a tenant should be issued the one time notice to cure prior to being issued the eviction notice. So my question is, if the lease says that it's a non curable violation but the Fla. state statute specifically describes it as a curable violation that you should issued the one time notice to cure, which takes precedent? If I contest the eviction in court saying that they violated this statute by never issuing me the notice to cure will I win or will I lose? Thank you.


Asked on 10/15/16, 10:41 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Without seeing the lease agreement it is really impossible to answer this question. The statute should take precedence over a lease agreement in contravention of the statute. However, there can be negotiated items in a lease which do take precedence, like this provision, if they were specifically negotiated and agreed upon by the parties. the statute is not mandatory it gives landlords specific rights which they may enforce. No way to answer your question as simply as you believe. have you corrected the violation and notified the landlord of the correct?

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Answered on 10/15/16, 11:15 am
David Slater David P. Slater, Esq.

Unless a lease provision waiver would violate public policy, it will be upheld. Up to judge to rule on this.

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Answered on 10/15/16, 11:38 am
Lucreita Becude Lucreita D. Becude, P.A.

You will have to take your chances in court and allow the judge to rule on this. The fact that you researched this after you signed the lease may help in that you were unaware at the time of signing your understanding of the lease. ON the other hand, perhaps not. There is no easy answer here. My personal thought would be to remove the guest, info the landlord that you have done so and see where it goes from there. If the landlord does not wish to accept that you have complied, you may have to leave.

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Answered on 10/17/16, 8:16 am


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