Ryan T. asked
I received a 'Notice of Violation and a Notice of Hearing' from the city of Pompano Beach, FL, to me as a landlord, to cure 3 violations within 30 days. The code enforcement delivered a copy of the violation documents to the tenant by posting it on the entrance of the unit. According to the lease, the tenant must comply with the City Code of Ordinances. Would this notice be considered a judgment against the tenant as a default? If so, would this require us to send a 10-day notice to the tenant to cure the violations, or do we have to wait to observe correction to the violations by the tenant? Furthermore, if the default is cured beyond the applicable cure period, could the default be used as a basis for not renewing the lease to the tenant as we approach the second term of leasing? The lease states that any judgment, writ, warrant of attachment or execution or similar process shall be issued or levied against any of the property of Tenant and such judgment, writ or similar process shall not be released, vacated or fully pondered within thirty days after issuance or levy. According to the code enforcement notes, if the alleged violation(s) is/are corrected prior to the hearing and recurs within one year from the date of original Notice of Violation, the case may be presented to the Special Magistrate as a Recurring Violation even if the violation(s) is/are subsequently corrected. Does the tenant remain at default if the judgment is not vacated or fully pondered within thirty days after issuance or levy even if the violations were corrected?
December 17th, 2023
Steven P. answered
The 'Notice of Violation and a Notice of Hearing' from the city of Pompano Beach, FL, is not conside...
December 17th, 2023
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