Many leases have a clause stating that the resident must give the manager a certain number of days’ notice in writing that they are vacating at the end of the lease. If the resident fails to give this notice and vacates, the manager tries to charge the resident a specific amount for failure to give this notice. While it is our opinion that a manager should do their best in determining whether a resident is staying or going through the use of notices to the resident which require a response by a specific time, managers still insist on charging for insufficient or nonexistent notice. Florida law now allows this, but if it is not done properly, the manager can find themselves in serious trouble, especially if they report the amount charged to a collection agency, and it winds up on a credit report.

A careful reading and understanding of the law is crucial if the manager insists on charging the resident an amount for failure to give notice. Unfortunately, the law is a bit tricky, as it requires the manager to give the resident notice that they will be charging the resident for failure to give notice. This may seem like a tongue twister, but it simply is a requirement of the manager to “remind” the resident that the resident must give notice so the resident is not “surprised”.

The law enacted in 2004

83.575 Termination of tenancy with specific duration.--

1. A rental agreement with a specific duration may contain a provision requiring the resident to notify the manager before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days' notice before vacating the premises.
2. A rental agreement with a specific duration may provide that if a resident fails to give the required notice before vacating the premises at the end of the rental agreement, the resident may be liable for liquidated damages as specified in the rental agreement if the manager provides written notice to the resident specifying the resident's obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The manager must provide such written notice to the resident within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the resident under this subsection.

 

3. If the resident remains on the premises with the permission of the manager after the rental agreement has terminated and fails to give notice required under s. 83.57 the resident is liable to the manager for an additional 1 month's rent.

How it works: In order to enforce a clause in your lease that requires a resident to give you notice prior to lease end, you must do the following:

Give the resident a notice WITHIN 15 days of the beginning of the notice period you are requiring from the resident.

Example: Your lease requires 30 days notice from the resident. You must “remind” the resident of this by giving the resident notice of this sometime within days 30 and 45 prior to the lease ending.

Your Notice Must State the Following:

1. That 30 days’ written notice from the resident is required if the resident is leaving at lease end, and 2. Failure of the resident to give you notice will result in a charge of $_____________

NOTE: We recommend that the amount is no more than one month’s rent, and the lease must support this charge.

If you give the resident notice too far in advance, you will not be able to enforce the notice requirement. It is a STRICT 15 DAY WINDOW.

Common mistakes: The manager gives the resident too much notice. Many managers feel that since the lease states the notice requirement, this is enough or the manager will give the notice 60 days in advance and the lease only requires 30 days’ notice. Remember the notice to the resident must be given in a specific “window”, no more and no less.

Below is a sample notice:

SAMPLE RENEWAL OFFER WORDING

 

THIS SHOULD BE SENT OUT BETWEEN 1 AND 15 DAYS PRIOR TO THE BEGINNING OF THE RESIDENT’S NOTICE PERIOD AS DESIGNATED IN THE LEASE

According to your lease agreement, your lease shall expire on _________________. Management would like to give you some options.

Please mark off the appropriate selection below or your lease shall terminate on the above date and you must vacate at that time.

Option 1…We will vacate the premises on the above date.

Option 2…We wish to sign a new one year lease agreement at a rental rate of $______ per month.

Please return this to Management no later than 30 days prior to your lease end or your lease shall be deemed terminated at the end of the lease agreement, and you shall owe Management the “failure to give notice fee” in the amount of $__________ as per your lease agreement in addition to any amount due from you at that time according to the lease and/or Florida Law.

This offer by Management may be withdrawn at any time and for any reason by Management prior to Management and Resident(s) written acceptance of this offer by signature of Management below and Resident(s) below and Management fully executing a Lease Renewal or new lease if Resident(s) choose Option 2.”

 

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