Legal FAQ's
Landlord/Tenant
Q: I manage a residential property for a landlord. The landlord entered into a written lease with a tenant, which prohibits the tenant from having pets in the dwelling. Recently, the landlord informed me that the tenant has a dog and cat and the landlord wants to terminate the lease. May he do so?
A: It depends. The Residential Landlord/Tenant Act, specifically Section 83.56(2)(b), outlines the procedures that the landlord must follow before terminating the lease (other than for tenant’s non-payment of rent). Keeping unauthorized pets is considered a “noncompliance” with the terms of the lease, but the tenant should be given an opportunity to cure. Therefore, the tenant must be given written notice that specifies the noncompliance and offers the tenant an opportunity to correct it within seven days from the date that notice is delivered. If the tenant fails to remove the pets within the period or if the same noncompliance occurs within 12 months, then the landlord may terminate the rental agreement by giving the tenant a second notice specifying the noncompliance and stating that the lease is terminated and the tenant has seven days to vacate.
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