Miami, FL asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Florida

Q: What’s the difference between a seven day notice and an Eviction notice

1 Lawyer Answer
Jennifer Hanson Copus
Jennifer Hanson Copus
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Fort Walton Beach, FL
  • Licensed in Florida

A: There are two types of seven day notices. One is with the right to cure the lease violation and one is without the right to cure the lease violation. If you have received a seven day notice WITH right to cure, this is generally due to a technical violation of the terms of the lease, other than for nonpayment of rent. The notice should state what term of the lease you are allegedly violating. If you cure this violation within seven days, then no eviction proceedings will be initiated. However, you must be aware that if you have the same or similar violation within a twelve month period, your landlord has the right to issue you a seven day notice without the right to cure. A seven day notice without the right to cure can be issued (as stated previously) for a second technical violation of the lease within one twelve month period, or it may be issued for a noncurable violation such as criminal activity on the premises, destruction of the premises, etc. You are not permitted to cure the violation and stay in the premises if you have been issued a seven day notice without the right to cure.

Bruce Alexander Minnick agrees with this answer

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