Dania Beach Landlord Tenant Attorney

Most landlord-tenant disputes end the same way: someone gets the property back, someone gets paid, or someone stays put. The path to any of those outcomes runs through a handful of notices, deadlines, and court filings, and a mistake in the first one can cost weeks. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for landlords, tenants, and investors, and as a Dania Beach landlord tenant attorney team we work on lease disputes, evictions, and unpaid rent claims from Dania Beach and throughout Broward County and Palm Beach County.

Landlord-tenant law is not the same thing as general contract litigation, even though a lease is a contract. Residential tenancies are governed by a specific statutory scheme with its own notice requirements, its own cure periods, and its own consequences for getting the paperwork wrong. Commercial leases lean far more heavily on the language the parties signed. Knowing which set of rules applies is the first decision in any case.

Dania Beach sits between Fort Lauderdale and Hollywood, and its mix of apartment buildings, single-family rentals, marine-related commercial space, and investor-owned property means we see disputes from both sides of the lease. The same questions come up again and again: was the notice valid, was the rent actually owed, and what does the lease really say?

Why Choose the Andrew M. Schwartz Legal Team for a Dania Beach Lease Dispute

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes, serving clients in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County. For a property owner with a nonpaying tenant or a tenant with a landlord who has stopped doing the job, that background matters because lease cases often grow into something larger: a guaranty claim, a title question, a partnership fight over who owns the building.

Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989, and has spent 37 years in litigation, with complex contract disputes at the center of his work. Senior Counsel Sundeep Nath is a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. The firm practices as a true legal team, so everyone working on a matter knows the file, and it keeps a strict 24 hour return call policy when attorneys are in court.

The firm’s recent record includes a final judgment issued after a five-day bench trial in Broward County Circuit Court, a 32-page ruling awarding a client specific performance of a commercial real estate contract. That is trial-level work on a real estate dispute in the same county as Dania Beach. The firm is also experienced in mediation and arbitration, and it looks for the resolution that fits a client’s goals and budget rather than stretching a case out. Many landlord-tenant disputes are worth settling quickly, and some are worth trying; the judgment is knowing which.

Common Landlord-Tenant Disputes We Handle in Broward County

• Nonpayment of Rent: The most frequent dispute. A residential landlord must deliver a written demand for payment or possession, and the tenant then has 3 days, not counting Saturdays, Sundays, or court-observed legal holidays, before the landlord may terminate the tenancy.
• Lease Violations Other Than Rent: Unauthorized occupants, pets, noise, or property misuse. Where the problem can be fixed, the landlord’s notice must give the tenant 7 days from delivery to correct it before the lease is terminated.
• Incurable Violations: Intentional destruction of property, damage or misuse of the landlord’s or neighbors’ property, and repeated unreasonable disturbances can justify a notice giving the tenant 7 days to vacate with no chance to cure.
• Landlord Failure to Maintain the Property: A tenant who sends written notice of a material failure to meet the landlord’s statutory maintenance duties or lease obligations may terminate if the landlord does not fix it within 7 days.
• Month-to-Month and Open-Ended Tenancies: A tenancy with no fixed end date ends by written notice delivered in the manner the statute requires, and getting that notice wrong is a common reason cases are dismissed.
• Partial Rent Payments: Accepting part of the rent after posting a notice does not waive a landlord’s right to terminate, but the landlord must handle the payment correctly, by issuing a receipt, depositing it with the court registry, or posting a fresh 3-day notice for the new balance.
• Commercial Lease Defaults: Retail, office, and marine-industrial tenants in the Dania Beach area often have personal guaranties, percentage rent, and negotiated default provisions that make these cases closer to contract litigation than residential evictions.
• Co-Owner and Investor Disputes Over Rental Property: When owners disagree about leasing, collecting rent, or selling, the question may shift from landlord-tenant law to partition or an accounting of rental income.

What to Do When a Lease Dispute Reaches the Notice Stage

Start with the lease and the paper trail. Gather the signed agreement, every amendment, payment records, texts and emails, photographs, and any notice either side has sent or received. The date and manner of delivery of each notice often decides the case, so preserve envelopes, postings, and delivery confirmations.

If you are a landlord, do not change locks, remove belongings, or shut off utilities to speed things along. Florida treats self-help eviction as a serious problem for the landlord, and it can turn a straightforward possession case into a claim against you. Use the statutory notice that fits the problem. A rent default calls for the 3-day demand; a curable non-rent violation calls for a 7-day notice stating that the tenancy will end if the problem is not corrected; a violation that cannot be cured, or a repeat violation within 12 months of a written warning, can support a 7-day notice to vacate. If the tenant offers a partial payment, stop and decide how to handle it before accepting anything.

If you are a tenant, read any notice you receive carefully, because the wrong notice period or an incorrect amount can be a defense. Do not ignore a summons if one is served; a missed response deadline can lead to a default. If the problem is the landlord’s failure to make repairs, put your complaint in writing and keep a copy, since the 7-day period for termination runs from the written notice.

Where the case is filed depends on what is being sought. Possession and rent claims within the county court’s dollar limit are heard in county civil court, while larger claims go to circuit court, and Broward County matters are handled in the Seventeenth Judicial Circuit. Broward County civil cases are heard at courthouses in Fort Lauderdale, Hollywood, Deerfield Beach, and Plantation, and we handle the court appearances so a landlord or tenant who lives elsewhere does not have to be present at every hearing. Claims against a guarantor, disputes over the lease’s meaning, or large damage claims can move the case into circuit court, and cases with a federal dimension can end up in the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach.

Common mistakes are predictable: counting days incorrectly, sending a notice that does not match the violation, accepting rent without a plan, and waiting too long to speak with a lawyer. A short consultation before the notice goes out is almost always cheaper than fixing a defective one.

When a Lease Dispute Becomes Contract Litigation

Not every lease case is a quick eviction. When the tenant has left owing a large balance, when a commercial lease has a guaranty, or when a landlord has kept money the tenant says belongs to them, the dispute becomes a contract claim. Under Florida’s limitations statute, a claim founded on a written instrument generally must be brought within five years, while a claim on an oral or implied agreement has four years. A claim based on a written lease usually falls in the five-year category, but the answer can change when the dispute involves an oral side deal or a negotiated modification, so the facts need to be sorted early.

These cases often turn on the exact wording of the lease and the history between the parties: whether late rent was routinely accepted, whether a repair promise was made, whether an addendum changed the default terms. That is the kind of detail work Andrew Schwartz’s contract litigation practice is built around.

Frequently Asked Questions About Landlord-Tenant Cases

How long does a landlord have to give a tenant before filing for eviction over unpaid rent?

The landlord must deliver a written demand for payment or possession, and the tenant has 3 days after delivery, excluding Saturdays, Sundays, and court-observed legal holidays, to pay or leave. If the default continues past that point, the landlord may terminate the rental agreement and proceed to court.

What is the difference between a 3-day notice and a 7-day notice?

A 3-day notice is for unpaid rent. A 7-day notice applies to other lease violations: for problems that can be fixed, it gives the tenant 7 days to correct them, and for violations that cannot be cured it gives 7 days to vacate.

Can a landlord accept partial rent and still evict?

Yes. Accepting partial rent does not waive the right to terminate or sue for the period, but the landlord has to handle it properly by giving a receipt noting the amount, date, and remaining balance, placing the money in the court registry when filing, or serving a new 3-day notice for the reduced amount.

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

If the landlord materially fails to meet its statutory maintenance obligations or the lease terms, the tenant can give written notice, and if the problem is not fixed within 7 days the tenant may terminate the rental agreement. Following the written-notice step exactly is what makes that termination hold up.

How does a landlord end a month-to-month tenancy?

A tenancy with no set duration is ended by written notice delivered in the manner the statute provides. The type of notice and its timing depend on the tenancy, so confirming the correct form before sending it avoids a dismissal.

Does Dania Beach have its own court for these cases?

Dania Beach is in Broward County, so landlord-tenant cases are filed in the county or circuit court of the Seventeenth Judicial Circuit, depending on the amount at stake and the relief sought. Which courthouse hears the case depends on how the Broward clerk assigns it.

What if my commercial tenant stopped paying and left the building?

A commercial lease claim is generally a contract case. You may be able to recover unpaid rent and other damages from the tenant and from any guarantor, subject to the lease terms and the five-year period that applies to claims on written agreements.

Can I handle a small unpaid-rent claim without a lawyer?

Small claims cover disputes up to $8,000, and some landlords and tenants represent themselves there. A lawyer is worth considering when the notice may be defective, when a counterclaim is likely, or when the lease has a guaranty or attorney fee clause.

My co-owner and I disagree about renting out our property. Is that a landlord-tenant case?

Usually not. If owners cannot agree on leasing or selling, the underlying dispute may call for a partition action, where a court either divides the property or orders it sold and splits the proceeds, or a claim for an accounting of rental income.

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

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with real estate interests in South Florida. We handle the Florida filings and hearings and keep you updated so you do not have to travel for each proceeding.

Do most landlord-tenant disputes settle?

Many do, through negotiation or mediation, especially when the real goal is getting the unit back or collecting a balance rather than winning a contested trial. We look at the cost and the likely outcome before recommending a path.

Serving Landlords and Tenants Across Dania Beach and South Florida

Our landlord-tenant work starts in Dania Beach and reaches through Broward County, including Hollywood, Hallandale Beach, Fort Lauderdale, Davie, Pembroke Park, West Park, Pembroke Pines, Miramar, Plantation, Sunrise, Lauderhill, Oakland Park, Pompano Beach, Deerfield Beach, and Coral Springs. In Palm Beach County we serve clients in Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, and Palm Beach Gardens. Property owners and tenants in all of these communities bring us lease defaults, eviction questions, and unpaid rent claims, along with the larger real estate and business disputes those problems sometimes grow into.

Speak With a Dania Beach Landlord Tenant Lawyer Today

If you are a landlord holding an unpaid lease or a tenant who has received a notice, the right next step is to talk before anything is signed, paid, or filed. Contact the Andrew M. Schwartz Legal Team to speak with a Dania Beach landlord tenant lawyer about your lease, your deadlines, and the most efficient way to reach the outcome you need. Call to schedule a consultation.