[RPPTL LandTen] How much does a N/Nonrenewal have to spell out

[Martin Lawyer]

Yes, a specific notice is required, but not just because it's a Tax Credit property.  Sec. 83.56(2), Fla. Stat., interpreted in the context of constitutional procedural due process, requires the landlord to specify the ground.

Those tax credit property residential leases approved by the Florida Housing Finance Corporation have very specific and limited grounds for eviction.  However, there are numerous permitted grounds for eviction.  Your landlord client is not permitted to substitute his/her/its own lease for the one approved by the State agency.

For example, a legally sufficient notice should say:

Your action constitutes a material breach of ¶ xx. of the lease, which is specifically a ground for eviction pursuant to ¶ yy. of the lease in that:

On [date] at approximately [time] at the location of ___________________ you did/failed to do __________________________ .

                      Marty

                     C. Martin (Marty) Lawyer, III
                     Florida Bar # 128095
                     Bay Area Legal Services, Inc.
                     1302  N. 19th St.,  Suite # 400
                     Tampa,  FL 33605-5230
                     (813)  232-1222, Ext.109
                      FAX:  248-9922

"Preserving Independence, Hope and Dignity"

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Mazor
Sent: Thursday, 29 October, 2015 10:36
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: [RPPTL LandTen] How much does a N/Nonrenewal have to spell out


This residential case is driving me a bit nuts!

Property is a low income housing tax credit property. Tenant is a royal pain and Landlord would rather eat glass than renew.

I understand that landlord must have good cause, but does the notice have to list the specific good cause reasons for the nonrenewal to be valid?

In this case, prior to service of the non-renewal, tenant had previously been served with a couple dozen notices to pay or vacate as well as 7 day cure notices.

Also, tenant knew very well that landlord  would not renew and the reasons  -  all via emails between the two.

Help!!!!!

Jeff

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Email:   JMazor at Mazor.com<mailto:JMazor at Mazor.com>

Phone: 954-962-3500

Fax:       954-342-7703


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