Re: False paperwork - Landlord Forum thread 357771

Re: False paperwork by MrDan on June 17, 2018 @23:36

It matters not that such 'notice is not notarized or through the courts'.

What matters is if the notice is valid and and properly delivered.

First, check your lease to see how legal notices are to be delivered. If the lease states that legal notices are to be mailed, than the notice is invalid if it was only given to you. If the landlord failed to add five additional days for mailing to insure that the required number of days notice are correct, than that too invalidates the notice.

Also check the lease to see how many days notice is required for termination of the lease. If the lease states 30 or 60 days, the landlord is required to abide by that time period. The law also states that proper notice must be given within a certain window of time frame. Failure to follow any of these requirements invalidate the notice.

Second, Florida statute requires in two places that the landlord include an address. It appears that the address of the leased premises, including the county in which it is located, must be stated in the notice. The statutory form also requires inclusion of the landlord’s name, address, and telephone number at the end of the notice. Also many Florida counties require an address for dropping off keys to be listed. Failure to provide these requirements makes the notice invalid.

Their is no cure for an invalid notice but for the landlord to start over. If you go to court and are the prevailing party, the landlord is prohibited form giving notice until all court cost are paid in full, including any damages, court cost and attorney fees you may incur.

If you feel the landlord is acting in 'bad faith' you may also have a claim for damages. You might have a claim 'retaliation' if the landlord is terminating the lease because you exercised you lawful rights, such as asking for repairs, etc.

Just understand that at some point, the landlord will get it straight and properly terminate the lease legally. So you should be prepared to eventually move.

If the landlord wants you to move out, see if the landlord will pay for you to move, so called 'cash for keys'.

Good luck-

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Re: False paperwork by lamac66 (ga) on June 19, 2018 @09:13	[ Reply ]

Good stuff man, glad to have you back.