Plantation Landlord Tenant Attorney

Most landlord-tenant disputes that reach a Plantation courtroom are decided less by who is right about the underlying grievance than by whether the notice that started the case was written, delivered, and timed correctly. A three-day demand that counts the wrong days, or a termination letter that gives a tenant the wrong cure period, can send a landlord back to the starting line. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and tenants across Broward County and Palm Beach County, and a Plantation landlord tenant attorney from our firm approaches each dispute by first asking whether the paperwork will hold up.

Plantation sits in Broward County, so residential and commercial possession cases arising here are filed in Broward’s court system, and the West Regional Courthouse in Plantation is one of the Broward locations where county civil matters are heard. That matters for anyone deciding where a dispute will play out and how quickly. A landlord weighing an eviction, a tenant whose landlord has ignored repairs, and a commercial tenant staring at a default letter each face a different set of decisions, and the sequence in which they make them often determines the result.

The notice rules under Chapter 83 of the Florida Statutes are unforgiving in both directions. Landlords who cut corners lose time and sometimes the case. Tenants who ignore a notice lose the chance to cure. The sections below walk through the decisions that actually matter.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Plantation, Fort Lauderdale, and the rest of Broward County, along with West Palm Beach and Palm Beach County. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts.

Lease disputes are contract disputes, and contract litigation has been at the center of Andrew Schwartz’s practice for his entire career. Commercial leases, loan documents, and purchase agreements are all part of the work, and those cases usually turn on the exact wording of the document and the history of how the parties dealt with each other. That same discipline applies to a lease with a disputed default clause or a tenant whose payment history muddies a termination. The firm also has trial experience in real estate cases; after a 5-day bench trial in Broward County Circuit Court, the firm’s client received a 32-page final judgment granting specific performance of a commercial real estate contract.

The firm practices as a true legal team, meaning everyone working on a matter knows the file and can answer when you call. There is a strict 24 hour return call policy when attorneys are in court. The attorneys are experienced in mediation and arbitration as well as courtroom litigation, and the firm looks for the resolution that fits the client’s goals and budget. For landlords with portfolios or business tenants, the firm’s outside general counsel program can also handle lease questions and compliance before they become disputes, and the firm serves as registered agent for companies in that program.

Landlord-Tenant Situations We Handle in Plantation

• Nonpayment of Rent: Florida allows a landlord to terminate after a written demand for payment or possession and a default that continues for three days, not counting Saturdays, Sundays, or court-observed legal holidays. Accepting partial rent after posting that notice creates traps, and the landlord must handle it in one of several specific ways or risk the notice being undermined.
• Lease Violations That Can Be Cured: For non-rent breaches such as unauthorized occupants or pets, the landlord’s notice must give the tenant seven days from delivery to fix the problem before the lease is terminated. A notice that skips this language is a common reason possession cases stall.
• Violations With No Cure Period: Intentional destruction of property, fraudulent entry of a dwelling, and repeated unreasonable disturbances can support a seven-day notice to vacate without any chance to cure. Landlords need to match the facts to the correct category before sending anything.
• Tenant Claims for Failed Repairs: A tenant whose landlord materially fails to maintain the premises or comply with the lease may give written notice, and if the landlord does not fix the problem within seven days, the tenant may terminate the rental agreement.
• Month-to-Month and Open-Ended Tenancies: A tenancy with no fixed end date is ended by written notice delivered in the manner the statute prescribes, and getting the delivery method wrong can invalidate the termination.
• Commercial Lease Defaults: Retail, office, and industrial tenants in the Plantation area face disputes over rent acceleration, personal guaranties, build-out obligations, and renewal options. These cases turn on the lease language rather than on the residential notice rules.
• Security Deposits and Money Owed After Move-Out: Disputes over deductions, unpaid rent balances, and damage claims often exceed what a quick demand letter can resolve and may need to be pursued in county or circuit court depending on the amount.
• Emergency Relief: When a tenant is removing fixtures, damaging property, or a landlord is attempting to lock out a tenant without court process, temporary injunctive relief can be the only effective remedy.

What to Do Right Now If a Notice Has Been Served or a Lease Is Breaking Down

The first decision is whether anything has been put in writing, because Florida’s termination process runs on written notices with fixed response windows. If you have received a notice, check the date it was delivered and the type of notice. A three-day rent demand and a seven-day notice to vacate have different consequences, and the clock begins at delivery, not at the date printed on the document. Tenants who sit on a notice often discover the window to cure has closed. Landlords who are about to send one should confirm the lease terms, the payment ledger, and the method of delivery before anything goes out.

Gather the lease, every amendment, the full payment history, all texts and emails about repairs or complaints, photographs, and any prior warnings. Prior written warnings matter more than most people realize: a repeated violation within 12 months of a written warning can support a seven-day termination notice without a new chance to cure. If partial rent has been accepted since a notice was posted, record exactly when and how much, because the landlord’s next step depends on it.

Where the case is filed depends on what is being sought. Possession and money claims up to the county court ceiling are generally heard in county civil court, while larger disputes, and cases involving injunctions or complex lease issues, belong in circuit court. In Broward County, that means the Seventeenth Judicial Circuit, and county civil matters are heard at several Broward courthouses, including the West Regional Courthouse in Plantation. Claims of up to $8,000 fall in small claims. For businesses with sizeable commercial lease litigation, the Seventeenth Circuit also maintains complex business divisions, which can be reached through a specific direct-filing procedure.

The most common mistakes are self-help measures. Changing locks, shutting off utilities, or removing a tenant’s belongings without a court order exposes a landlord to liability, and tenants who withhold rent without following the statutory notice process can lose the protection they thought they had. Before taking any step that cannot be undone, talk to a Plantation landlord tenant lawyer who can read the lease and the notices together.

How Lease Disputes Differ Between Residential and Commercial Tenancies

Chapter 83 of the Florida Statutes sets detailed procedures for residential tenancies, including the three-day and seven-day notice structures, but commercial tenancies are governed far more by the lease itself. A commercial landlord’s remedies, a tenant’s cure rights, and the treatment of guaranties and acceleration clauses are largely a matter of contract. That means the five-year limitations period for actions on a written instrument often governs claims for unpaid commercial rent, while claims resting on oral or implied arrangements have a shorter four-year window.

Because the lease controls, commercial cases reward careful document review early. A landlord who waives a default through years of lenient dealing, or a tenant who relied on an informal side agreement, may find the written lease says something different from what everyone remembers. Where the stakes involve a business’s location or a building’s income stream, injunctive relief and expedited proceedings are sometimes worth pursuing so that assets and possession are preserved while the case proceeds.

Mediation resolves a large share of these disputes in practice. A negotiated exit, a payment plan backed by a stipulated judgment, or an agreed move-out date can serve both sides better than a contested trial, and the firm’s attorneys are comfortable at the mediation table as well as in the courtroom.

Plantation Landlord-Tenant Questions Answered

How long does a Florida landlord have to wait before evicting for unpaid rent?

After delivering a written demand for payment or possession, the landlord must wait until the default has continued for three days, excluding Saturday, Sunday, and court-observed legal holidays, before terminating the rental agreement. Filing early can get the case dismissed.

What is the difference between a curable and an incurable lease violation?

A curable violation, such as an unauthorized pet, gives the tenant seven days from delivery of the notice to fix it. An incurable violation, such as intentional destruction of property, allows the landlord to demand that the tenant vacate within seven days without a cure opportunity.

Can a landlord accept partial rent after serving a notice?

Yes, and doing so does not automatically waive the right to terminate or sue. But the landlord must either give a written receipt noting the date, the amount, and the new balance due, deposit the partial payment in the court registry when filing, or serve a fresh three-day notice for the reduced amount.

Can a tenant terminate a lease if the landlord will not make repairs?

If the landlord materially fails to meet its statutory maintenance duties or the lease terms, the tenant must give written notice. If the landlord does not correct the problem within seven days, the tenant may terminate. Skipping the written notice can forfeit the remedy.

How is a month-to-month tenancy ended?

By written notice delivered in the manner the statute requires. The notice must be properly given, so informal texts or verbal statements are risky for either side.

Which court handles a landlord-tenant case arising in Plantation?

Cases arising in Plantation fall within Broward County’s Seventeenth Judicial Circuit. County civil court hears claims up to its jurisdictional ceiling, small claims handles disputes up to $8,000, and larger or more complex disputes belong in circuit court.

Is it worth hiring a lawyer for a small commercial lease dispute?

Often yes, because the lease language usually decides the outcome and a misread clause can cost more than the original claim. A brief document review can tell you whether the dispute is worth pursuing, settling, or defending.

Can a landlord lock out a tenant or shut off utilities to force a move-out?

No. Self-help eviction exposes the landlord to liability. A tenant who is locked out without a court order may seek emergency relief, including a temporary injunction restoring access.

How long do I have to sue over an unpaid lease?

For a lease that is a written contract, the limitations period for a breach claim is five years. If the claim rests on an oral or implied agreement, the period is four years. Claims on a court judgment last twenty years.

I live in New York or New Jersey and own rental property in Broward County. Can you handle the case?

Yes. The firm regularly represents clients from New York, New Jersey, and Connecticut with real estate in South Florida, handles the local court appearances, and keeps clients informed so they do not need to travel for each hearing.

What if my dispute involves a lease between business partners or family members?

These cases often overlap with ownership disputes, such as a family member occupying a co-owned building or a partner leasing company property to an affiliated business. They may involve fiduciary duty or partition issues in addition to the lease, and the firm handles those related claims together.

Serving Landlords and Tenants Across Plantation and Broward County

The Andrew M. Schwartz Legal Team represents clients in Plantation and the surrounding communities of western Broward County, including Sunrise, Davie, Lauderhill, Lauderdale Lakes, Tamarac, and Weston. We also serve Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Coconut Creek, Margate, Deerfield Beach, and Pompano Beach, along with landlords and tenants throughout the rest of Broward County.

The firm’s work extends north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach. Investors and owners who live elsewhere, including clients from New York, New Jersey, and Connecticut, rely on the firm to handle Florida filings and hearings on their behalf. Whether the property is a single rental unit, a strip center, or a multi-tenant commercial building, the same attention to the lease and the notices applies.

Speak With a Plantation Landlord Tenant Lawyer Before the Next Notice Goes Out

A defective notice, a missed cure window, or an unwise self-help step can turn a manageable lease dispute into an expensive one. Speaking with a Plantation landlord tenant lawyer before you serve, answer, or ignore a notice lets you choose your path while the options are still open. The Andrew M. Schwartz Legal Team will review the lease, the notices, and the payment history, explain what each choice is likely to cost, and pursue the resolution that fits your goals and budget. Call us to schedule a consultation about your lease dispute.