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Q: Please cite Florida restriction on noisy neighbors ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Please cite Florida restriction on noisy neighbors
Category: Relationships and Society > Government
Asked by: rambler-ga
List Price: $15.00
Posted: 12 Jun 2005 06:00 PDT
Expires: 12 Jul 2005 06:00 PDT
Question ID: 532453
I was told that noisy neighbors are restricted by "Chapter 83, Part
II, Florida Statutes".  I tried to find a specific sentence in that
chapter that  addresses noisy neighbors, but no luck.  Can you help?

I live in Tampa, Hillsborough county, Florida.  Please provide a
quotation plus a hyperlink.  Thank you.
Answer  
Subject: Re: Please cite Florida restriction on noisy neighbors
Answered By: websearcher-ga on 12 Jun 2005 06:33 PDT
Rated:5 out of 5 stars
 
Hi rambler:

Since Chapter 83 of the Florida Statutes is entitled, "Landlord and
Tenant", I am going to assume that the noisy neighbors in question are
renting their property.

In that case, I believe I have found the quotes you are looking for.

First, let's look at: 

83.52  Tenant's obligation to maintain dwelling unit
URL: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC52.HTM&Title=->2004->Ch0083->Section%2052#0083.52
Quote: "The tenant at all times during the tenancy shall:...(7) 
Conduct himself or herself, and require other persons on the premises
with his or her consent to conduct themselves, in a manner that does
not unreasonably disturb the tenant's neighbors or constitute a breach
of the peace."

If the neighbors are excessively noisy, that would constitute a
disturbance and a breach of the peace. In that case:

83.56  Termination of rental agreement.-- 
URL:  http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0083/Sec56.HTM
Quote: "(2)  If the tenant materially fails to comply with s. 83.52 or
material provisions of the rental agreement, other than a failure to
pay rent, or reasonable rules or regulations, the landlord may:
(a)  If such noncompliance is of a nature that the tenant should not
be given an opportunity to cure it or if the noncompliance constitutes
a subsequent or continuing noncompliance within 12 months of a written
warning by the landlord of a similar violation, deliver a written
notice to the tenant specifying the noncompliance and the landlord's
intent to terminate the rental agreement by reason thereof. Examples
of noncompliance which are of a nature that the tenant should not be
given an opportunity to cure include, but are not limited to,
destruction, damage, or misuse of the landlord's or other tenants'
property by intentional act or a subsequent or continued unreasonable
disturbance. In such event, the landlord may terminate the rental
agreement, and the tenant shall have 7 days from the date that the
notice is delivered to vacate the premises. The notice shall be
adequate if it is in substantially the following form:
You are advised that your lease is terminated effective immediately.
You shall have 7 days from the delivery of this letter to vacate the
premises. This action is taken because  (cite the noncompliance) .
(b)  If such noncompliance is of a nature that the tenant should be
given an opportunity to cure it, deliver a written notice to the
tenant specifying the noncompliance, including a notice that, if the
noncompliance is not corrected within 7 days from the date the written
notice is delivered, the landlord shall terminate the rental agreement
by reason thereof. Examples of such noncompliance include, but are not
limited to, activities in contravention of the lease or this act such
as having or permitting unauthorized pets, guests, or vehicles;
parking in an unauthorized manner or permitting such parking; or
failing to keep the premises clean and sanitary. The notice shall be
adequate if it is in substantially the following form:
You are hereby notified that  (cite the noncompliance) . Demand is
hereby made that you remedy the noncompliance within 7 days of receipt
of this notice or your lease shall be deemed terminated and you shall
vacate the premises upon such termination. If this same conduct or
conduct of a similar nature is repeated within 12 months, your tenancy
is subject to termination without your being given an opportunity to
cure the noncompliance."

I hope this helps. It looks to me, however, that you'll need your
neighbor's landlords cooperation on this.

Search Strategy:
* florida statutes (on Google)
* http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Search%20Statutes&Submenu=2&Tab=statutes

websearcher

Clarification of Answer by websearcher-ga on 12 Jun 2005 06:36 PDT
I'm not sure why the first link for 83.52 didn't get completely
hyperlinked. To view it, you'll need to cut and past the *entire*
link, which ends with "Section%2052#0083.52", into a browser window.

Otherwise you can clickto 83.52 from here:

PART II - RESIDENTIAL TENANCIES 
URL: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/part02.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%2083%2D%3EPart%20II
rambler-ga rated this answer:5 out of 5 stars and gave an additional tip of: $2.00
Precisely what I was looking for.  Thank you!

Comments  
Subject: Re: Please cite Florida restriction on noisy neighbors
From: websearcher-ga on 12 Jun 2005 06:36 PDT
 
I'm not sure why the first link for 83.52 didn't get completely
hyperlinked. To view it, you'll need to cut and past the *entire*
link, which ends with "Section%2052#0083.52", into a browser window.

Otherwise you can clickto 83.52 from here:

PART II - RESIDENTIAL TENANCIES 
URL: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/part02.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%2083%2D%3EPart%20II

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