18 Fla. L. Weekly Supp. 307a
Online Reference: FLWSUPP 1803BURN
Landlord-tenant — Public housing — Eviction — Notice — Defects — Seven-day notice terminating lease for criminal activity and stating that person not on lease gave address of leased premises as his residence when arrested is defective where notice is contradicted by attached police report — Complaint dismissed without leave to amend
MIAMI DADE COUNTY, Plaintiff, vs. DOREEN BURNS, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 10-8575-CC-05 (02). August 19, 2010. Teretha L. Thomas, Judge. Counsel: Mehdi Manseur, for Plaintiff. Nicole Walsh, Legal Services of Greater Miami, Inc., Miami, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
THIS CAUSE came to be heard before this Court on August 12, 2010, upon Defendant’s Motion to Dismiss and, after reviewing the file and being otherwise fully advised on the premises, it is —
ORDERED and ADJUDGED:
Plaintiff brought this eviction based on a 7-Day Notice Terminating the Lease for Criminal Activity. The Notice, issued on May 14, 2010, states:
“Ms. Burns, Donathan Gibson, who is not on your Public Housing Lease, was arrested on 5/7/2010 for Possession of Marijuana. Upon his arrest he gave your address as his place of residence. Police Case #100507-135667.”
The police report is incorporated by reference into the Notice and pleadings. A review of the police report evidences that Mr. Gibson did not give Ms. Burn’s address as his place of residence. A proper Notice of Termination is a condition precedent to an action for eviction. Plaintiff’s Notice is defective because it is contradictory to the police report to which it refers. Thus, Plaintiff failed to satisfy a condition precedent. When less than all the requisite elements of a cause of action exist when the complaint is filed, the complaint must be dismissed without leave to amend. Rolling Oaks Homeowner’s Assn. v. Dade County, 492 So.2d 686 (Fla. 3d DCA 1986).
Defendant’s Motion to Dismiss is granted and Plaintiff’s Complaint is dismissed with prejudice and without leave to amend.
