Boca Raton Landlord Tenant Attorney

The Andrew M. Schwartz Legal Team represents landlords, tenants, commercial property owners, and investors in Boca Raton and across Palm Beach County and Broward County when a lease turns into a fight. A Boca Raton landlord tenant attorney is often called after a three-day notice has already been posted, a security deposit has already been withheld, or a commercial tenant has gone dark with years left on its lease. By then, the clock is already running, and in Florida the clock is short.

Boca Raton’s rental market is unusual. Residential landlords here range from condominium owners renting a single unit to investors holding multi-family buildings. Commercial landlords lease office, retail, and flex space in the Technology Way and Glades Road corridors and in shopping centers along Federal Highway and Military Trail. Many owners live in New York, New Jersey, or Connecticut and manage their Florida property from a distance, which makes a missed notice requirement or a mishandled eviction especially costly.

The firm handles these disputes as part of a broader business and real estate litigation practice. That matters because many landlord-tenant conflicts are not simple possession cases. They involve guaranties, partial rent payments, lease interpretation, co-owners who disagree about the property, and tenants who stopped paying because they say the landlord failed to repair something. Those issues call for a litigator, not just a form-filer.

What Florida Law Requires Before a Landlord Can Terminate a Residential Tenancy

Florida residential evictions are governed by a strict notice sequence, and a defective notice can end a case before it begins. For unpaid rent, the landlord must deliver a written demand for payment or possession. If the tenant does not pay within three days after delivery, not counting Saturdays, Sundays, or court-observed legal holidays, the landlord may terminate the rental agreement. Because only court-observed holidays count, a notice posted before a long weekend can run longer than landlords expect.

For other lease violations, the analysis splits in two. If the problem can be cured, such as an unauthorized pet or a violation of a lease rule, the landlord’s notice must give the tenant seven days from delivery to fix it, and it must say the landlord will terminate if the problem is not corrected. If the violation cannot be cured, or the tenant repeats a violation within twelve months of a written warning, the landlord may instead deliver a notice of intent to terminate, and the tenant then has seven days to vacate. Conduct such as intentional destruction or damage to property, or a continuing unreasonable disturbance, falls on the non-curable side.

A tenancy with no fixed term, such as a month-to-month arrangement, can be ended by written notice delivered in the manner the statute prescribes. Landlords who rely on a casual text message or a verbal warning often find that the court treats the notice as if it never happened.

Partial Rent, Waiver, and Other Traps for Landlords

One of the most common errors is accepting a partial payment after posting a nonpayment notice. Accepting partial rent does not by itself waive the landlord’s right to terminate or sue, but the landlord must handle it correctly. Before filing for possession, the landlord must either give the tenant a receipt showing the date and amount received along with the agreed date and balance due, deposit the partial payment into the court registry at filing, or serve a fresh three-day notice for the reduced amount. Skip all three and the tenant has a ready defense.

The tenant’s side has its own statutory leverage. If a landlord materially fails to maintain the premises as required by the statute or the lease, the tenant can give written notice, and if the landlord does not cure within seven days, the tenant may terminate the rental agreement. Tenants who simply stop paying without following that process, however, risk an eviction judgment and a damages claim. Both sides do better when someone reads the lease and the statute before acting.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Boca Raton, West Palm Beach, Fort Lauderdale, and the rest of Palm Beach and Broward Counties. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. His practice has centered on contract disputes, which is exactly what a lease dispute is at its core. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both 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. For landlords with a notice deadline looming, that responsiveness is not a courtesy; it is how a case gets filed correctly.

Real estate results matter here. After a five-day bench trial in Broward County Circuit Court, the firm obtained a 32-page final judgment awarding its client specific performance of a commercial real estate contract. That is the kind of document-driven, evidence-heavy trial work that complex commercial lease disputes require. The firm is also experienced in mediation and arbitration, and it looks for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake. For out of state owners, the firm handles the local court appearances so a client in New York or New Jersey does not have to travel for every hearing.

Landlord and Tenant Disputes the Firm Handles

• Nonpayment of Rent Evictions: Three-day notice preparation, handling of partial payments, and possession actions for residential and commercial landlords who need a property back or rent recovered.
• Lease Violation Terminations: Curable and non-curable violations call for different notices and different timelines, and choosing the wrong one can force a landlord to start over.
• Commercial Lease Litigation: Disputes over rent, operating expense pass-throughs, abandonment, and personal guaranties involving retail, office, and industrial space in Palm Beach and Broward Counties.
• Tenant Claims Against Landlords: Failure to maintain the premises, wrongful lockouts, and unreturned deposits, along with the written-notice steps a tenant must follow to preserve a termination right.
• Failed Closings and Purchase Contract Disputes: Disputes that start as lease or sale arrangements and end in claims for specific performance or damages.
• Co-Owner Conflicts Over Rental Property: Former partners, siblings, or investors who share title and cannot agree whether to rent, sell, or hold the property, sometimes resolved through partition.
• Title and Ownership Disputes: Competing claims to a leased property that require a quiet title action before the rental income or the sale can move forward.
• Emergency Injunctive Relief: Court orders to stop a tenant or co-owner from removing fixtures, diverting rents, or damaging the property while the case is pending.

What to Do Right Now if a Lease Dispute Has Started

Start with the paper. Gather the signed lease, every amendment, any guaranty, the rent ledger, and every notice, text, and email exchanged. Disputes in this area are won and lost on what the documents say and on whether each notice was delivered the way the statute and the lease require. If you are a landlord, do not change the locks, shut off utilities, or remove a tenant’s belongings. Self-help eviction is unlawful in Florida residential tenancies and can turn a winning possession case into a liability claim against you.

If you are a tenant who has received a three-day notice, count the days carefully, excluding weekends and court holidays, and do not ignore it. If you believe you owe nothing, or that the landlord failed to make repairs, put your position in writing and keep copies. If you want to terminate because of a landlord’s failure to maintain the property, the statute calls for written notice and a seven-day cure window before you can leave.

Where a case is filed depends on the amount at stake and the type of claim. Small claims cover disputes up to $8,000. County court hears civil claims above that and up to the county court ceiling, and circuit court handles larger amounts. In Palm Beach County, civil matters are heard at the courthouse in West Palm Beach and at branch courthouses in places such as Delray Beach, which is the one most Boca Raton residents think of first. In Broward County, civil matters are heard at the Central Judicial Complex in Fort Lauderdale and at the North Regional Courthouse in Deerfield Beach, among others. Large commercial lease cases may belong in circuit court, and in Broward the Seventeenth Judicial Circuit maintains a complex business division for larger business disputes. Federal court in the Southern District of Florida sits in West Palm Beach and Fort Lauderdale when diversity or a federal claim brings a case there.

Mind the limitations periods for money claims. A claim founded on a written lease generally has five years, while a claim on an oral or implied agreement has four. A suit seeking specific performance carries only a one-year period, which catches people off guard. Waiting to see whether the other side comes around can cost you a claim.

Commercial Lease Disputes and Guaranties

Commercial leases are a different animal from residential ones. The statutory notice protections that govern residential tenancies do not apply in the same way, so the lease itself controls most of the outcome: default definitions, cure periods, acceleration clauses, and what happens to the security deposit. These cases often turn on the exact wording of the agreement and the parties’ history of dealing with each other, which is how this firm approaches every contract case.

Guaranties are where many landlords find their real recovery. When a tenant is a thinly capitalized LLC that closes up shop, the personal guaranty signed by its owner may be the only path to payment. Tenants and guarantors, for their part, often have defenses based on the landlord’s failure to mitigate, defective notices, or ambiguities in the lease. When a tenant or a guarantor starts moving money or assets out of reach, the firm can seek emergency relief to freeze the situation while the case proceeds.

Boca Raton Landlord Tenant Questions Answered

How long does a tenant have to pay after a three-day notice in Florida?

The tenant has three days after delivery of the written demand, and the count excludes Saturdays, Sundays, and court-observed legal holidays. If the default continues past that point, the landlord may terminate the rental agreement and proceed with a possession action.

Can a landlord accept partial rent after serving a nonpayment notice?

Yes, and doing so does not waive the right to terminate or sue. But the landlord must either give the tenant a receipt stating the date, the amount received, and the agreed balance and due date, place the funds in the court registry at filing, or serve a new three-day notice for the reduced amount.

What is the difference between a curable and a non-curable lease violation?

A curable violation gives the tenant seven days from delivery of the notice to fix the problem or face termination. A non-curable violation, such as intentional property damage or a repeat violation within twelve months of a written warning, allows the landlord to give a notice of intent to terminate, after which the tenant has seven days to vacate.

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

Possibly. If the landlord materially fails to meet its statutory maintenance duties or the terms of the lease, the tenant can send written notice. If the problem is not fixed within seven days, the tenant may terminate. Doing it informally or without written notice puts the tenant at risk.

How do I end a month-to-month tenancy in Florida?

A tenancy without a set duration can be ended by written notice delivered in the manner the statute requires. The method of delivery matters as much as the content, so a casual message is not a safe substitute for a proper notice.

Is it worth hiring a lawyer for a single-unit eviction?

Often, yes. A procedural error in the notice or in handling a partial payment can force a landlord to start over and lose weeks of rent. A lawyer is especially useful when the tenant raises defenses or counterclaims, or when a guaranty or co-owner issue is involved.

What if my tenant is a business that abandoned the space?

The lease governs. Review the default, abandonment, and remedies provisions, and check for any personal guaranty. Claims on a written lease generally carry a five-year limitations period, but evidence and collectability get worse with time, so acting early helps.

Can co-owners of a rental property force a sale if one wants out?

Often they can. Florida allows a co-owner to seek partition, either by dividing the property or, when division is not practical, by ordering a sale at public auction and splitting the proceeds. Special rules apply when the property qualifies as heirs property, which includes protections for relatives who inherited it together.

Can I sue in Florida if I live in New York or New Jersey and own rental property here?

Yes. The property is in Florida, so the dispute is litigated here. The firm handles the local filings and court appearances for out of state owners and keeps them informed at every stage.

How long do I have to sue over a lease dispute?

For a claim on a written lease, five years. For a claim on an oral or implied agreement, four. A suit seeking specific performance has a one-year period, and an action to rescind a contract has four years. Fraud claims run four years from discovery, subject to an outer limit of twelve years.

Can a court order a tenant or partner to stop damaging or removing property?

Yes. Where the harm cannot wait for a final judgment, a court can issue temporary or permanent injunctions to protect property, fixtures, and income streams while the dispute is pending. The firm regularly pursues early and emergency injunctive relief.

Serving Landlords and Tenants Across Palm Beach and Broward Counties

From downtown Boca Raton and the neighborhoods around Mizner Park, Town Center, and the beach, our team represents property owners and tenants throughout the city. We also serve clients in Delray Beach, Boynton Beach, Highland Beach, Lake Worth Beach, Wellington, Royal Palm Beach, Palm Beach Gardens, Jupiter, and West Palm Beach across Palm Beach County. Moving south into Broward County, we represent clients in Deerfield Beach, Coconut Creek, Coral Springs, Parkland, Pompano Beach, Fort Lauderdale, Plantation, Davie, and Hollywood, and throughout South Florida. Many of our clients live in New York, New Jersey, or Connecticut and own residential or commercial property in these communities, and we handle the Florida proceedings on their behalf.

Talk With a Boca Raton Landlord Tenant Lawyer Before the Deadline Passes

Landlord and tenant disputes reward the party who acts correctly and early. If you are a landlord holding a lease violation, an unpaid rent ledger, or a guarantor who has stopped answering, or a tenant who has received a notice you believe is wrong, speak with a Boca Raton landlord tenant lawyer at the Andrew M. Schwartz Legal Team. Call the firm to schedule a consultation, and we will review your lease, your notices, and your options, then recommend the path that fits your goals and your budget.