Does a Florida Landlord Have to Explicitly Notify a Tenant of a Breach?
Residential and commercial leases typically contain detailed language specifying what will happen in the event of a default or breach by either the tenant or the landlord. It is crucial for both sides to understand and follow any notice requirements of such language precisely. Do not assume that the other party “knows what you mean” or that your own actions in response to a default imply what the other party must do.
Appeals Court: Landlord Never Actually Demanded Replenished Security Deposit
The Florida Fourth District Court of Appeals recently addressed a situation where a landlord acted without explicitly notifying the tenant of a lease obligation. This case, RSM 18, LLC v. Executive Centre, LLC, involved a commercial lease. The lease itself contained a number of provisions regarding events that would trigger a default. This included failure to pay rent within 10 days of the due date or a failure to perform any other condition of the lease within 30 days of receiving “written notice and demand.”
During the COVID-19 pandemic, the tenant fell behind on their rent. The landlord responded by applying the tenant’s security deposit to the unpaid rent. The landlord then sent the tenant an email providing notice of the default.
Two weeks later, the tenant paid the back rent owed. Five months after that, the tenant slid a check and letter under the landlord’s door. The letter said the check was to restore the security deposit previously applied to the back rent. The lease required the tenant to make such restoration within 5 days of receiving a request to do so from the landlord.
The tenant’s letter also exercised an option under the lease to extend its term (without any rent increase) until December 2026. The landlord responded that the tenant’s original default invalidated that option. From the landlord’s perspective, the original email required the tenant to both pay all back rent and restore the security deposit within five days. Since the tenant waited five months to do the latter, it was still in default.
Litigation followed. The trial court agreed with the landlord on the issue of default and granted its motion for summary judgment. But the Fourth District reversed. It explained that nothing in the landlord’s original email “explicitly or otherwise” mentioned the tenant’s obligation to restore the security deposit. The email only demanded payment of back rent. The lease required the landlord to give separate notice of the tenant’s requirement to replenish their deposit to trigger the five-day deadline. Since the landlord failed to do so, it was improper for the trial court to award summary judgment on that basis.
Contact a Davie Real Estate Contract Dispute Lawyer
When it comes to real estate agreements of any type, it is crucial to read and follow the fine print. If you are involved in potential or current litigation over a lease and need advice from a qualified Davie real estate contract dispute attorney, contact Valero Law today at 305-607-7011 to schedule a free consultation. We serve clients in Davie, Broward County, Coconut Grove and Miami-Dade County.
Source:
scholar.google.com/scholar_case?case=14542248250441282797
