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.
Q: I’m planning to send a mass mailing to all the homes in the subdivision I farm. Is there a legal requirement that says I must include a disclaimer informing recipients who have already listed their property to ignore the advertisement?
A: No.
Q: What size must the letters be on my office sign?
A: There is no requirement that the letters be any particular size. Florida Administrative Code Rule 61J2-10.024 included letter size requirements, but the rule was repealed several years ago.
Q: I’m a new sales associate who is being trained by a seasoned sales associate at my office. I think this sales associate is paying referral fees to unlicensed people, which I know isn’t permitted under Section 475.25(1)(h), Florida Statutes. Am I legally required to report this activity to FREC?
A. No.
Q: I’m a broker with a listing for a home that has a lawn and a pool. The owner went overseas, but he gave me money to hire a lawn maintenance company and a pool cleaning service while he is away. Should I put this money in my escrow account?
A: Yes. Whenever you receive funds in connection with a real estate transaction belonging to someone else you must deposit and hold the money in an escrow account until you have proper authorization from the owner for release.
Q: I’m a broker licensed in Georgia and Florida. The Georgia Real Estate Commission suspended my license for a violation of Georgia’s real estate license law. May the Florida Real Estate Commission take action against my Florida broker’s license based on what just took place in Georgia?
A: Yes. Section 475.25(1)(g), Florida Statutes, allows FREC to take action against your Florida license if the real estate licensing agency of another state took action against your license in that state.
Q: I’m a broker with an exclusive right of sale residential listing agreement with a seller of a house. Because the seller’s friend bought the house, the seller says he doesn’t have to pay me a commission/brokerage fee. May I place a lien on the property?
A: The real estate license law provides that a broker cannot place a lien on a property unless 1) he or she is expressly permitted by contractual agreement with the seller to do so, or 2) he or she is recording a civil judgment rendered by a Florida court.
Therefore, if your listing agreement or any other agreement with the seller does not permit you to put a lien on the property, you must file a lawsuit against the seller and obtain a judgment, which you can then record.
Note that the Commercial Real Estate Sales Commission Lien Act (found in sections 475.700 - 475.719) only applies where the property at issue meets the definition of “commercial real estate” as set forth in the act. The sale of a residential property improved with one single family residential unit does not constitute commercial real estate under the act.