Palm Beach Landlord Tenant Attorney

The Andrew M. Schwartz Legal Team represents commercial landlords, investors, property owners, and business tenants in Palm Beach County, along with neighboring Broward County and the rest of South Florida, when a lease relationship goes wrong. A Palm Beach landlord tenant attorney is often called after a notice has already been served, a rent check has bounced, or a tenant has simply stopped answering the phone.

Most landlord-tenant fights turn on paperwork and timing long before they turn on who is right. Florida’s notice rules are strict, and a termination notice that is served wrongly, worded wrongly, or followed by the wrong kind of payment can undo weeks of effort. On the tenant side, a lease that looks routine can hide guaranty language, default triggers, and holdover terms that matter a great deal once the relationship sours.

Our firm handles landlord and tenant matters as part of a broader real estate and business litigation practice, which means we look at the lease the way a litigator does: as the document a judge will read word by word if the dispute ends up in court.

How a Palm Beach Landlord-Tenant Dispute Usually Unfolds

Most of these disputes follow a recognizable arc, and knowing where you are on it tells you what to do next. It usually starts with a missed payment or a breach of some other lease term. For a landlord, the first formal step is a written notice, and the type of notice depends on what went wrong.

When the problem is unpaid rent, Florida law gives the tenant three days after delivery of a written demand to pay or leave. Saturdays, Sundays, and court-observed legal holidays do not count toward those three days. If the tenant neither pays nor vacates, the landlord can treat the lease as terminated and go to court for possession.

When the problem is something other than rent, the path depends on whether the breach can be fixed. For a curable breach, the notice must tell the tenant that the landlord will terminate the lease unless the problem is corrected within seven days of delivery. For breaches that cannot be cured, such as intentional destruction of property, or a repeat of a violation within twelve months of an earlier written warning, the landlord can instead deliver a notice of intent to terminate that gives the tenant seven days to vacate, with no chance to cure.

Once a notice period runs out, the landlord files for possession. That is when the case becomes a lawsuit, and when the quality of the earlier paperwork starts to matter. A defective notice is one of the most common reasons a possession case stalls or has to be restarted.

Why Choose the Andrew M. Schwartz Legal Team for Landlord and Tenant Disputes

The Andrew M. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and was admitted to The Florida Bar in 1989. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Joining him is Sundeep Nath, Senior Counsel, a Northwestern-trained litigator with years of experience handling business and real estate cases in both state and federal courts.

That background matters in lease disputes because the cases that reach us are rarely simple. Commercial leases, loan documents, and purchase agreements sit at the center of Mr. Schwartz’s practice, and landlord-tenant fights often involve all three. A shopping center tenant who stops paying may also have a guarantor, a lender with competing interests, and a pending sale of the property.

The firm also has recent courtroom proof on the real estate side. After a five-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That kind of trial work, built on close reading of contract language and the parties’ history of dealing, is the same skill set a contested lease demands.

We practice as a true legal team, so everyone working on your matter knows the file. We keep a strict 24 hour return call policy, and we look for the resolution that fits your goals and budget rather than stretching a case out for its own sake. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and for out of state owners with Palm Beach County property, we handle the local court appearances so you do not have to travel for every hearing.

Landlord and Tenant Situations We Handle

• Nonpayment of Rent: The three-day written demand is the first formal step, and what happens to partial payments afterward is where many landlords go wrong. Accepting part of the rent does not waive the right to terminate, but the landlord must then issue a receipt showing the date, amount, and remaining balance, deposit the partial payment with the court when filing, or serve a fresh three-day notice for the reduced amount.
• Lease Violations Other Than Rent: Unauthorized subletting, property damage, nuisance conduct, and use outside the permitted purpose all call for a different notice than a rent default, and whether the breach is curable determines whether the tenant gets seven days to fix it or seven days to leave.
• Holdover Tenants: A tenant who stays after the lease ends creates problems for a landlord with a new tenant waiting or a building under contract. Periodic tenancies without a fixed term are ended by written notice delivered in the manner Florida law prescribes, so the form of the notice matters.
• Commercial Lease Defaults: Business tenants in retail, office, and industrial space bring disputes over rent escalations, common area charges, personal guaranties, and co-tenancy clauses, and these usually turn on the exact wording of the lease.
• Tenant Claims for Landlord Failures: A residential tenant who gives written notice of a material failure to maintain the property or follow the lease may terminate the rental agreement if the landlord does not fix the problem within seven days.
• Emergency Relief: When a tenant is stripping fixtures, diverting rent from subtenants, or a landlord is locking out a tenant or cutting utilities, a temporary or permanent injunction can freeze the situation while the court decides the underlying dispute.
• Disputes Involving Shared or Inherited Property: Co-owners who disagree about renting out a property, or about who collects the rent, may need a partition or accounting action alongside the landlord-tenant case.
• Failed Closings and Lease-Related Sales Issues: When a sale falls apart over existing tenants, estoppel certificates, or lease assignments, the dispute becomes a purchase and sale contract case with a landlord-tenant layer.

What to Do in the First Days of a Lease Dispute

Start by pulling together every document that touches the tenancy: the lease and all amendments, any guaranty, rent ledgers, notices sent or received, emails and texts, photographs, and records of repairs or complaints. Disputes over what was said are much harder to win than disputes over what was written, so preserve the written record before anything else.

If you are a landlord, do not serve a notice until you are sure it matches the problem. A rent demand and a non-rent termination notice have different content and different time periods, and mixing them up gives the tenant a technical defense. Be careful about how you accept money after serving a notice, because a partial payment handled the wrong way can complicate the eviction. And do not resort to self-help. Changing locks or shutting off utilities to push a tenant out can expose a landlord to liability of its own.

If you are a tenant, read the notice you received carefully and mark the day it was delivered, because the response deadlines run from delivery. If you are withholding or terminating because the landlord failed to maintain the premises, make sure your own written notice was properly given first. Do not ignore court papers. A tenant who does nothing after being served risks a default and a judgment for possession.

Where the case goes depends on its size and nature. In Palm Beach County, claims for money up to the county court limit are heard in County Civil Court at the main courthouse in West Palm Beach, while larger claims belong in Circuit Civil Court of the Fifteenth Judicial Circuit, which sits in and for Palm Beach County. Small claims remain a separate track for the smallest disputes. Possession cases and money claims can proceed together or separately, so it is worth deciding early whether you are seeking possession, damages, or both. A dispute involving property in Broward County would instead be heard in the Seventeenth Judicial Circuit, and cases with federal jurisdiction can end up at the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale.

Finally, think about the timeline for any claim you may want to bring later. A claim founded on a written lease generally carries a five-year limitations period in Florida, while claims on oral or implied agreements have four years. Waiting rarely helps a landlord whose tenant has disappeared or a tenant who believes a deposit was wrongly withheld.

Frequently Asked Questions About Landlord-Tenant Law in Palm Beach County

How long does a tenant have to pay after receiving a rent demand?

Three days, not counting Saturdays, Sundays, or court-observed legal holidays, counted from delivery of the written demand. If the rent is not paid within that window, the landlord may terminate the rental agreement and pursue possession in court.

What notice does a landlord give for a lease violation that is not about rent?

It depends on whether the violation can be cured. For a curable breach, the notice must give the tenant seven days from delivery to correct it, and must say the landlord will terminate if it is not corrected. For breaches that cannot be cured, including intentional damage or a repeat violation within twelve months of a written warning, the landlord can deliver a notice that requires the tenant to vacate within seven days.

Can a landlord accept partial rent and still evict?

Yes, but it must be handled carefully. Accepting part of the rent does not by itself waive the right to terminate. Before filing for possession, the landlord should give the tenant a receipt showing the date, amount received, and balance due, place the partial rent in the court registry at filing, or serve a new three-day notice reflecting the lower amount owed.

How can a month-to-month or other open-ended tenancy be ended?

A tenancy with no fixed duration is ended by written notice given in the manner Florida law prescribes for delivering notices under the landlord-tenant statute. The required notice period depends on how rent is paid, so the lease and the payment pattern both matter.

Can a tenant leave if the landlord will not make needed repairs?

A tenant who gives written notice of a material failure to comply with the landlord’s maintenance obligations or the rental agreement may terminate the rental agreement if the landlord does not fix the problem within seven days of the notice. The notice should be in writing and carefully documented.

Which court hears a landlord-tenant case in Palm Beach County?

Possession cases and claims up to the county court limit are handled in County Civil Court, which sits at the main courthouse in West Palm Beach. Larger money claims and cases seeking broader relief, such as injunctions, go to Circuit Civil Court in the Fifteenth Judicial Circuit. Very small money claims belong in small claims court.

Is it worth hiring a lawyer for a single commercial tenant who stopped paying?

Often, yes. Commercial leases usually contain acceleration clauses, guaranties, attorney fee provisions, and default notice requirements that must be followed exactly. A mistake early in the process can cost the landlord time and leverage, and an attorney can also help decide whether the better path is a negotiated exit, a payment plan, or a lawsuit.

Can a landlord change the locks or shut off utilities to force a tenant out?

No. Florida requires landlords to use the court process to recover possession. Lockouts and utility shutoffs can expose the landlord to claims by the tenant. If a tenant is causing serious harm to the property, an injunction through the court is the proper route.

What if the tenant is also a business partner or family member?

Those cases often involve more than a lease. A co-owner who occupies company property, or a relative who rents from a family entity, may raise issues of fiduciary duty, ownership, or an accounting. We handle these disputes with discretion and look at the lease and the ownership relationship together.

I live out of state but own rental property here. Can the firm handle everything?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut with property in South Florida. We handle the local filings and court appearances and keep you informed at each stage, so a hearing in Palm Beach County does not require a flight.

Can another attorney refer a landlord-tenant matter to your firm?

Yes. A significant part of our practice comes from other lawyers, including out of state counsel whose clients own Florida property. We communicate with referring counsel throughout the matter and respect their relationship with the client.

Serving Landlords and Tenants Across Palm Beach County and South Florida

Our work in Palm Beach County runs from West Palm Beach, where the main courthouse sits, through Palm Beach Gardens, Jupiter, Juno Beach, and North Palm Beach to the north, and down through Lake Worth Beach, Boynton Beach, Delray Beach, and Boca Raton to the south. We also serve owners and tenants in Royal Palm Beach, Wellington, Lantana, Greenacres, Riviera Beach, Palm Springs, and Belle Glade, along with the many unincorporated communities that make up the county’s residential and commercial rental market.

Just south, we represent clients in Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, and Hollywood, where lease disputes are heard in the Seventeenth Judicial Circuit. Because so many of our clients are investors and business owners who hold property in both counties, we are comfortable moving a dispute between courts when the facts require it.

Talk With a Palm Beach Landlord Tenant Lawyer Before the Notice Deadline Runs

The deadlines in a landlord-tenant dispute are short, and early decisions tend to shape everything that follows. If you are a landlord weighing whether to serve notice or a tenant who has just received one, call the Andrew M. Schwartz Legal Team to talk through your situation with a Palm Beach landlord tenant attorney who understands both the lease and the courtroom. We will explain your options, the likely path, and what it should cost to pursue the outcome you want.