Florida Real Estate Broker ExaminationReal Estate Law and RegulationsMedium
A Florida real estate broker is managing an apartment complex for an owner. One of the tenants repeatedly violates the lease agreement by having unauthorized pets, despite multiple warnings. The lease agreement specifically states that unauthorized pets are grounds for immediate termination. What is the MOST appropriate initial action the broker should take on behalf of the owner?
- AOffer the tenant a new lease agreement with a higher pet deposit and rent.
- BServe the tenant with a 7-day notice to cure the non-compliance.
- CImmediately change the locks and remove the tenant's belongings.
- DFile an unlawful detainer action with the local court.
Show answer & explanationAnswer & explanation
Correct answer: B. Serve the tenant with a 7-day notice to cure the non-compliance.
Under Florida Statute 83.56, for a material non-compliance with the lease agreement other than non-payment of rent, the landlord (or their agent) must deliver a written notice to the tenant specifying the non-compliance and stating that if the non-compliance is not cured within 7 days, the lease will terminate. This '7-day notice to cure' is the required first step before pursuing eviction.
Why the other options are wrong
- A. This is incorrect; while a potential negotiation strategy, it does not address the immediate lease violation and required legal steps.
- C. This is incorrect; 'self-help' eviction methods like changing locks are illegal in Florida.
- D. This is incorrect; an unlawful detainer action cannot be filed until the proper notice period has expired and the tenant has failed to cure the violation.
7-Day Notice to Cure (Florida)
In Florida, for a non-monetary material breach of a lease agreement, the landlord must provide the tenant with a written 7-day notice to cure the violation before initiating eviction proceedings.
- Required for non-monetary breaches.
- Tenant has 7 days to fix the issue.
- Precedes formal eviction action.
Memory trick: First, give notice; then, if they don't fix it, go to court.