Florida Real Estate Sales Associate Examination Content OutlineReal Estate Investment and Business BrokerageMedium
A property manager is dealing with a tenant who has repeatedly violated the lease agreement by having unauthorized pets. The lease clearly states 'no pets allowed' and specifies a 7-day notice to cure. After providing the proper notice, the tenant has not removed the pets. What is the next appropriate step for the property manager to take in Florida?
- AImmediately change the locks and remove the tenant's belongings.
- BSend a final 24-hour notice to quit before self-help eviction.
- CFile an eviction lawsuit with the appropriate Florida court.
- DIncrease the tenant's rent to compensate for the pet violation.
Show answer & explanationAnswer & explanation
Correct answer: C. File an eviction lawsuit with the appropriate Florida court.
In Florida, if a tenant fails to cure a material non-compliance (like unauthorized pets) after receiving proper notice, the landlord's next legal step is to file an eviction lawsuit (unlawful detainer action) with the court. Self-help evictions are illegal.
Why the other options are wrong
- A. This is an illegal self-help eviction in Florida.
- B. Self-help evictions, including threatening to change locks, are illegal in Florida. A court order is required.
- D. Increasing rent is not the correct legal remedy for a lease violation and may be considered retaliatory.
Florida Eviction Process (Non-Payment/Non-Compliance)
The legal procedure a landlord must follow in Florida to remove a tenant from a property due to lease violations or unpaid rent.
- Self-help evictions are illegal (e.g., changing locks, removing doors).
- Requires proper written notice to the tenant (e.g., 3-day for rent, 7-day for non-compliance).
- If the tenant doesn't comply, the landlord must file an unlawful detainer action in court.
Memory trick: Notice first, then court, never self-help.