What Is a Cure Period?
In commercial real estate, completely terminating a multi-million-dollar transaction or evicting a tenant over a minor, accidental violation is extremely disruptive and expensive. To prevent "hair-trigger" lawsuits, contracts contain a cure period (often called a 'Notice and Cure' provision).
If a party violates the contract, they do not automatically lose the deal. First, the innocent party must send a formal, written notice explicitly detailing the violation. Once that notice is received, the cure period begins. The breaching party has a set number of days (the cure period) to fix the mistake. If they fix it within that window, the breach is legally forgiven, and the contract continues as if nothing happened.
Common Uses in Real Estate
- Commercial Leases — If a restaurant tenant fails to pay rent on the 1st of the month, the landlord cannot instantly lock the doors. The lease usually requires the landlord to send a Default Notice, triggering a 3-day or 5-day cure period. The tenant has that exact window to pay the rent (plus late fees) and cure the default to avoid eviction.
- Title Defects — In a standard Florida purchase agreement, if the title company discovers a title defect (like an unpaid contractor lien) 10 days before closing, the buyer cannot instantly cancel the contract. The seller is typically granted a 30-day cure period to hire a lawyer, pay off the lien, and deliver a clear title.
Waiver and Strict Enforcement
Cure periods are strictly enforced by Florida judges. If a landlord attempts to evict a commercial tenant without sending the mandatory notice and waiting out the exact 5-day cure period, the judge will throw the eviction lawsuit out of court. Conversely, if the tenant fails to cure the default by the time the cure period expires, their right to save the lease is permanently forfeited, and the landlord can aggressively pursue damages.
Related Terms
- Breach of Contract — The violation that triggers the cure period
- Eviction — The legal consequence if a tenant fails to cure a lease default
- Curative Title Work — The legal action taken by a seller during their 30-day title cure period
Barnes Walker Contract Litigation
Barnes Walker's real estate litigators aggressively draft, issue, and enforce strict Notice and Cure demands on behalf of commercial landlords and buyers, ensuring all statutory prerequisites are met before initiating high-stakes eviction or breach of contract lawsuits. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC