7-Day Notice To Cure: About & Template
Owning rental properties can be a great way to build your financial future. This is particularly true in the Tampa region, where the housing market is hot, and plenty of people are moving into the area to live and work. However, being a landlord can be challenging, especially when tenants don’t comply with a lease.
Some lease violations are so severe that a landlord can immediately start eviction proceedings. Other violations require allowing a tenant to fix the problem by sending a 7-day notice to cure. This letter informs a tenant that they have a week to comply with the lease, move out, or face an eviction lawsuit. Importantly, sending this letter means that if a tenant repeats the same minor lease violation within the next year, a landlord can move more quickly toward eviction.
At Eaton Realty, we understand the benefits and drawbacks of being a landlord in West Central Florida. We offer comprehensive property management services designed to avoid problems through careful screening of tenants - and that address issues as they arise through careful oversight of your rental properties. If you want to learn more about property investment and our management services in Hillsborough County, reach out today to talk to a team member.
Have questions about your rental property? › 813-672-8022
What Is a 7-Day Notice to Cure?
When a tenant violates a lease provision, a landlord cannot simply evict them. Instead, they must take specific steps—as outlined by Florida’s landlord-tenant law—to remedy the situation.
The process starts with providing the tenant with written notice. The type of notice necessary is based on the lease violation involved:
- 3-Day Notice to Pay Rent or Quit: when a tenant is 3 days late with rent, a landlord can give the tenant a 3-day notice to either pay rent or move out of the rental (quit).
- 7-Day Notice to Cure: when a tenant violates the lease in a way that they can correct, the landlord must give the tenant 7 days to fix the violation. If the tenant fails to “cure” the issue or move out of the rental unit, then the landlord can move forward with the eviction process.
- 7-Day Unconditional Quit Notice: when a tenant commits a more serious violation of the rental agreement (such as intentional property destruction), the landlord can tell them they have 7 days to move out, or the landlord will start eviction proceedings.
Florida law requires that landlords give tenants an opportunity to “cure” certain lease violations before starting eviction proceedings. Example situations where a 7-day notice to cure letter might be appropriate include having unauthorized pets, parking illegally, not keeping the rental property clean, or having guests for too many days.
Sending a 7-day notice to cure is important not only to get a tenant into compliance but also to create a record. Even minor lease violations can be the basis for eviction if they are repeated. If a tenant receives a 7-day notice to cure and later commits the same lease violation within the next 12 months, you could send them an unconditional quit notice, meaning they will have to move out without a chance to fix the issue.
Consider a situation where a tenant started having their significant other sleep over 5 days a week. Under their lease terms, guests are not permitted to stay more than 3 days a month. As a landlord, you could talk to your tenant about adding their significant other to the lease or simply remind them of the lease provision. If nothing changes, you may send them a 7-day notice to cure letter.
This notice gives the tenant an opportunity to either comply with the lease or move out of the rental property. If they do not fix the problem or leave, you could begin formal eviction proceedings. If they fix the problem but later have their boyfriend or girlfriend sleeping over most nights, you could proceed with a 7-day notice to quit.
How To Deliver A Notice To Cure
You must deliver any type of notice to quit or cure by mail or leave a copy at the residence. At this point, the tenant will be on a clock - they will have to fix the issue, move out, or face eviction.
Because a notice to cure is used for less serious lease violations, landlords may want to consider less formal means of resolving the issue before sending this letter to a tenant. The tenant may not even be fully aware that they are breaking the lease or may be amenable to resolving the matter without the landlord taking further steps. If you can’t work out the issue, the notice to cure is the first step in eviction.
How A Property Management Company Can Help
These laws highlight the importance of having a well-drafted lease and a local property manager. Without a solid lease, it may be harder to evict a tenant. For example, if your tenant got a dog but your lease agreement doesn’t prohibit pets, you won’t be able to serve them with a notice to cure OR evict them since they haven’t technically violated the lease.
Having a property manager to know what is going on with your property is critical. Many lease violations aren’t necessarily obvious (like not paying rent). If you don’t live nearby or have the time to oversee your rental properties, you may not know that your tenant isn’t keeping the place clean (for example) until it becomes a major problem.
Having a reliable property manager can ensure that you know what is going on with your investment properties and that you can deal with smaller problems as they arise before they become major issues. A 7-day notice to cure is a good opportunity to bring a tenant back into compliance, which is particularly important if you would like to keep the tenant. It is also a critical step for any landlord contemplating eviction.
Sample 7-Day Notice to Cure for Florida Landlords
A 7-day notice to cure should include the tenant’s name and address. It should also be dated, which is critical as it starts the clock for fixing the violation.
The content of the letter could include the following:
You are hereby notified that you are not complying with your rental agreement in that ______________________________________ [insert violation, default, or noncompliance]. Demand is hereby made that you remedy the noncompliance, default, or violation within seven days of receipt of this notice or your rental agreement shall be deemed terminated, and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within twelve months, your tenancy is subject to termination without your being given an opportunity to cure the noncompliance, default, or violation.
The notice to cure should be signed by the landlord and/or their agent (such as their property manager) and include the landlord's address and phone number. We’ve created a free downloadable template you can use. You can download the free 7-day notice to cure template here.
Do You Own Investment Property in Florida? Eaton Realty Can Help
Owning rental properties is great - someone else pays your mortgage while you build equity in an investment property. In reality, managing rental properties can be difficult, between finding good tenants, handling maintenance requests, and dealing with legal matters. A high-quality property manager can help to smooth the road, allowing you to achieve your financial goals with minimal stress.
Eaton Realty offers property management services throughout Hillsborough County, Florida. Each of our on-site property managers are active members of the National Association of Residential Property Managers (NARPM), an organization dedicated to the promotion of professionalism, ethics, and excellence in property management. Our property management services include everything from staging, professionally photographing, and marketing your rental property to screening prospective tenants to handling the day-to-day tasks of managing your property, like collecting rent and scheduling maintenance and repairs.
If you’d like to learn more, fill out our online contact form or give us a call at 813-672-8022 to talk to a member of our property management team.
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Daniel Rothrock
Director of Property Mgmt., MPM
Daniel is the Director of Property Management at Eaton Realty. He is a Master Property Manager, which is the highest level of recognition you can receive in the field. When he's not covering property management developments and insights on the Eaton blog or managing Eaton's property management team, Daniel can be found serving as the Southeast Regional Vice President/Ambassador for the National Association of Residential Property Managers. You can find Daniel on LinkedIn.
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