Do I have to issue a 7 day to cure or can I skip it and go directly to 7 days to vacate due to illegal drugs?

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Do I have to issue a 7 day to cure or can I skip it and go directly to 7 days to vacate due to illegal drugs?

I issued a 7 day to cure for residents who had a filthy apartment. When I entered to inspect the apartment after the appropriate time had elapsed the apartment had been cleaned but I found marijuana on the kitchen counter. The tenant who was home at the time claims it is not his (there are 3 other tenants with individual leases in the unit that werent home at the time). So, I want to issue a 7 days to vacate to that tenant because of illegal drugs in the unit. Is this correct or am I required to issue a 7 day to cure first?

Asked on May 3, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Given the finding that you have with respect to the rental you own, I suggest that you simply give the appropriate required written notice in your state to terminate the lease due to the perceived breach of the tenant's agreement with you by using illegal drugs on the premises.

I suggest that you confirm with an attorney practicing landlord tenant law to make sure that the notice of termination of the lease is drafted properly. Given the circumstances that you have written about, you do not want to have the current tenants remain in your property even if they are current in the rent.


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