DONALD WOOD
v.
MOLLY MCINTOSH

Fla. 3d DCA | 2025-10-08
No. 2024-2085
De La Rosa, J., Fernandez, J., Miller, J., Gooden, J.
2025 FL 8777 Florida District Court of Appeal, Third District (2025)

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Holding

A landlord may terminate a rental agreement without providing a cure opportunity when a tenant intentionally destroys, damages, or misuses the landlord's or other tenants' property, as permitted by Florida Statute § 83.56(2)(a).


Headnotes

[1] Under Florida Statute § 83.56(2)(a), a landlord may terminate a rental agreement without providing the tenant an opportunity to cure when the tenant intentionally destroy…

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Key Quotes

“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 . . .”

Florida Statute § 83.56(2)(a), cited by the court in affirming the trial court's decision

Facts & Procedural History

Donald Wood appealed a county court decision in a landlord-tenant dispute against Molly McIntosh. The case involved alleged noncompliance with lease t…

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Opinion of the Court
Gooden

Third District Court of Appeal State of Florida Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing. No. 3D24-2085 Lower Tribunal No. 23-8461-CC-26 Donald Wood, Appellant, vs. Molly McIntosh, Appellee. An Appeal from the County Court for Miami-Dade County, Lissette De La Rosa, Judge. Graham Legal, P.A., and H. Dillon Graham, III, for appellant. Counselaw and Angelo M. Martin; Belony Law Group and Erigene Belony, for appellee. Before FERNANDEZ, MILLER and GOODEN, JJ.

PER CURIAM.

Affirmed. See Duffner Family 2012 Irrevocable Tr. v. Lee R. Duffner

Revocable Living Tr., 394 So. 3d 236, 239 (Fla. 3d DCA 2024) (affirming that

this Court reviews section 83.56, Florida Statutes (2024), and the interpretation of a lease under a de novo standard of review); Hirschenson v. Compu-Link Corp. of MI, 389 So. 3d 574, 576 (Fla. 3d DCA 2023) (stating

the trial court’s factual findings are reviewed for competent, substantial evidence); § 83.56(2)(a), Florida Statutes (2024), (“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 . . . .” (emphasis added)).

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