Florida Real Estate Broker ExaminationReal Estate Law and RegulationsEasy
A tenant in Florida defaults on their lease agreement. The landlord serves the tenant with a 3-day notice to pay rent or vacate. The tenant fails to pay and does not vacate the premises. Which legal action must the landlord initiate to regain possession of the property?
- AAn action for specific performance of the lease agreement.
- BA quiet title action to clear any claims the tenant may have.
- CAn unlawful detainer action, also known as an eviction lawsuit.
- DA civil lawsuit for breach of contract and monetary damages.
Show answer & explanationAnswer & explanation
Correct answer: C. An unlawful detainer action, also known as an eviction lawsuit.
To legally remove a tenant who has defaulted and failed to comply with a notice to vacate, a Florida landlord must initiate an unlawful detainer action, commonly known as an eviction lawsuit, through the courts.
Why the other options are wrong
- A. Specific performance compels a party to fulfill contract terms, not to regain possession of property.
- B. A quiet title action resolves ownership disputes, not tenant possession issues.
- D. While a landlord can sue for damages, this action alone does not regain possession of the property.
Unlawful Detainer Action (Eviction)
The legal process a landlord must use in Florida to remove a tenant who has breached the lease and failed to vacate after proper notice.
- Mandatory legal process for tenant removal.
- Cannot use self-help methods (e.g., changing locks).
- Requires proper notice to tenant (e.g., 3-day, 7-day).
- Filed in county court.
Memory trick: Notice first, then court, to get them out the door.