Legal Question in Real Estate Law in Florida

This would be a breach of the lease. Usually, the lease states that the tenant would have some opportunity to cure the breach after you provide him with notice. You must review the terms of your lease. This is a non monetary breach.

If he does not remove the pet, you would have to review what your options are under the section of the lease addressing remedies upon default. You may have a right to use part of a security deposit to fix damage the pet made, or to reimburse you for costs associated with an eviction if he does not remove the pet, but you cannot simply take the money becuase he has the pet. Possibly if you would allow him to keep the pet under the condition that the security deposit was released to you, this would be ok. However, he would have to agree to this.

Well, it depends on what your lease says. But, it sounds like this is a breach of the lease. Give them a right to cure, and if they don't you may be able to put them out (depends on your lease). You could work out an arrangement where the tenants agree to provide you with an additional pet deposit in exchange for keeping the pooch (could be refundable or nonrefundable). Put it in a signed writing if this is the route you choose to go. Ask an attorney for help, if necessary. You can only keep a portion of the deposit to cover damage or repairs, unless your lease specifically states otherwise. Regards,