Florida/Georgia Personal Injury & Workers Compensation

...Originally, none of the parties were represented by counsel. This may help explain why the hand written complaint was filed in the Circuit Court, failed to describe the dwelling unit, and alleged a right to recover possession for the tenants' alleged breach of subsections (6) and (7) of § 83.52, F.S....

...The landlord sent the tenants a notice of termination of tenancy, indicating he was terminating the lease immediately. The notice directed the tenants to vacate the premises within seven days for intentionally destroying, damaging and misusing the premises in violation of the lease and section 83.52(6), Florida Statutes....

...The memorandum explained that Plaintiff was requesting fees pursuant to section 83.67(6) and stated that she “was also successful in defending against the two (2) counterclaims filed” by Defendant, pointing out that the counterclaims “asked for the award of attorney’s fees and court costs under Florida Statutes § 83.52 and § 83.55 with § 83.43 as controlling authority.” Plaintiff further asserted that Defendant “is not entitled to seek a reduction in fees based on the fact that the Plaintiff was only successful in one (1) cause of action....

...Under some situations, such as the tenant’s intentional destruction of property of the landlord or other tenants, the landlord may be able to terminate the lease without giving the tenant an opportunity to remedy. For the notice necessary to terminate the lease under these circumstances, see Florida Statute 83.52(2)(a)....

...or, if the Tenant is absent from the premises, by leaving a copy of the notice at the premises. This written notice must be delivered, and the seven day time period must run, prior to any termination of the lease or any lawsuit for eviction. SOURCE: Section 83.52(2)(b), Florida Statute (1990)....

...After Tenants moved out of the property, Landlord filed a six-count complaint against Tenants. The trial court entered summary judgment in Tenants’ favor on four counts. The parties proceeded to a jury trial on the remaining two counts alleging a violation of section 83.52, Florida Statutes (2019), and defamation per se. The jury found Tenants not liable for defamation but liable for damages to Landlord’s property under section 83.52....

...ties-noUpci-mitted-by-the lease. Violations of a rental agreement which may entitle the Landlord to send this Notice include, the material failure of Tenant to comply with its statutory obligations to maintain the dwelling unit under Florida Statute 83.52 or material provisions of the rental agreement (other than the failure to pay rent), or reasonable rules and regulations....

...t, by leaving a copy of the notice at the premisesdwelling unit. This written notice must be delivered, and the seven day time period must run, prior to any termination of the leaserental agreement or any lawsuit for eviction. SOURCESection Sections 83.52 (2)(-b)? and 83.56 Florida Statute (1995Statutes (2007)....