Opinion

Brown v. Frederick

  • 6 Fla. Supp. 2d 33
Court
Orange County Court
Filed
Jun 20, 1983
Status
Published
Author
Hausercounty
On the bench
County, Hauser
Cited by
0 cases
Authority
More cited than 18.2%

The opinion

OPINION OF THE COURT

JAMES C. HAUSER, County Judge.

ORDER

THIS CAUSE came before this Court as a non-jury trial on June 20, 1983. The Plaintiff filed a complaint to terminate the tenant’s monthly lease. Both parties agree that rent was to be paid on the 20th of each month.

The notice dated May 23 required the tenant to vacate by June 7. Fla. Statute 83.57 states:

A lease without a specific duration . . . may be terminated by either party giving written notice as follows:

(3) When the tenancy is from month to month, by giving not less *34 than 15 days prior to the end of the monthly period, (emphasis added)

Plaintiff’s notice does give the tenant 15 days to vacate, but the end of the monthly period is June 19th, not June 7th. Notice requirements for evictions are to be strictly construed. Baker v. Clifford Mathew Investment Co., 128 So 827 (Fla., 1930). The notice in question fails to comply with the strict requirements of the statute. See Kent v. Wood, 235 So.2d 60 (Fla. 3rd DCA, 1970); Rosen v. Wade, 418 NYS2d 258 (N.J. Co., 1978).

Further, the Court notes that suit was instituted on June 9, 1983, which was 10 days prior to the time the Defendant would have been required to vacate the premises. Such a procedure is legally impermissible. Whipper v. Kirk, 274 So.2d 662 (Ga., App. 1982). It is therefore

ORDERED AND ADJUDGED that the Plaintiff’s suit for possession of the premises is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.