Boynton Beach Landlord Tenant Attorney

Getting a rental dispute resolved quickly and on the right legal footing usually comes down to the first notice somebody sends. The Andrew M. Schwartz Legal Team handles landlord and tenant disputes, along with the wider business and real estate litigation that often sits behind them, for clients in Boynton Beach, throughout Palm Beach County, and across Broward County. If you need a Boynton Beach landlord tenant attorney, the work starts with the lease, the notices, and the payment history, because Florida’s eviction and termination rules are strict about both timing and paperwork.

A defective three-day notice or a seven-day notice delivered the wrong way can sink an otherwise valid possession case and cost weeks. On the tenant side, a landlord who skips a required step may have a defense that is worth far more than most tenants realize. Landlords and tenants both do better when someone reads the file before a deadline starts running.

Our firm represents landlords, property investors, commercial tenants, residential tenants, and the co-owners and business partners who find themselves in a lease dispute because of how a property is held. Many of these cases are tied to larger questions about who controls a building, who is owed rent, and what happens to a property when owners disagree.

Why Choose the Andrew M. Schwartz Legal Team for Lease and Possession Disputes

The Andrew M. Schwartz Legal Team is a South Florida business and real estate litigation firm that serves clients in Boynton Beach, Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County. Clients also come to us from New York, New Jersey, and Connecticut when they own rental property or a share of real estate in South Florida. We handle the local court appearances so out-of-state owners do not have to travel for every hearing.

Andrew M. Schwartz, our founder, has spent 37 years in litigation and was admitted to The Florida Bar in 1989. 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 state and federal courts. The firm works as a true legal team, so everyone on a matter knows the file, and we keep a strict 24 hour return call policy if we are in court when you call.

Real estate contract enforcement is a core part of what we do. After a 5-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment in May 2024 awarding our client specific performance of a commercial real estate contract. That kind of trial experience matters in lease disputes that turn on contract wording and the parties’ history, and it matters when a landlord or tenant case is about to become something bigger than a routine possession action.

We also look for the resolution that fits the client’s goals and budget. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and many landlord tenant disputes settle faster through a negotiated move-out date or payment plan than through a contested trial. Through our outside general counsel program, we can also serve as a landlord’s registered agent and help with leases, compliance, and notices before problems start.

Landlord and Tenant Disputes We Handle in Boynton Beach

• Nonpayment of Rent: Florida requires a written demand for payment or possession, and the tenant gets three days to pay or leave, not counting Saturdays, Sundays, or court-observed legal holidays. A miscounted notice period is one of the most common reasons a possession case stalls.
• Lease Violations and Terminations: Curable violations, such as an unauthorized occupant or a pet in violation of the lease, call for a notice giving the tenant seven days to fix the problem. Violations that cannot be cured, such as intentional damage to the property, can support a notice to vacate within seven days with no chance to cure.
• Month-to-Month and Holdover Tenancies: A tenancy with no fixed end date is ended by written notice delivered in the manner Florida law prescribes. Landlords who rely on a verbal heads-up often discover it does not count.
• Partial Rent Payments: Accepting part of the rent after serving a nonpayment notice does not by itself waive the landlord’s right to evict, but the landlord must handle it correctly: issue a dated receipt noting the balance due, deposit the partial payment with the court registry when filing, or serve a fresh notice reflecting the new amount.
• Tenant Claims Against Landlords: A tenant whose landlord materially fails to meet maintenance obligations or the lease terms may give written notice, and if the problem is not fixed within seven days, the tenant may terminate the rental agreement.
• Commercial Lease Disputes: Retail, office, and warehouse leases around Boynton Beach often involve personal guaranties, percentage rent, build-out obligations, and default clauses that go well beyond the residential statute.
• Disputes Between Co-Owners of Rental Property: When partners, siblings, or investors co-own a rental and disagree over who collects rent, who pays the mortgage, or whether to sell, the landlord tenant problem is really an ownership problem, and partition or an accounting may be the real remedy.
• Emergency Relief: When a tenant or co-owner is diverting rent, stripping a property, or moving assets, we can seek a temporary or permanent injunction while the case is pending.

What to Do Right Now in a Rental Dispute Near Boynton Beach

Start by pulling together the lease and every amendment, the payment ledger, text messages and emails with the other side, move-in and move-out photos, and any notice that has been sent or received. Note exactly how and when each notice was delivered, because the statutory clocks run from delivery. Do not rely on memory for any of it.

If you are a landlord, do not change locks, remove belongings, or cut off utilities to push a tenant out. Florida requires a court process, and self-help can expose you to a damages claim that dwarfs the unpaid rent. If you are a tenant who has received a notice, read the deadline carefully and do not ignore it. A tenant who stays silent after being served with an eviction complaint risks a default.

Where the case is heard depends on what is at stake. County courts hear claims up to a monetary limit, and small claims handles the smaller disputes, while larger money claims go to circuit court. Because Boynton Beach sits in Palm Beach County, these cases are handled in the Fifteenth Judicial Circuit’s courts, with filings coming through the Palm Beach County Clerk. The South County Courthouse in Delray Beach is one of the clerk’s locations serving the southern part of the county, and the main courthouse is in West Palm Beach. Properties or defendants in neighboring Broward County fall under the Seventeenth Judicial Circuit instead, which hears cases at courthouses in Fort Lauderdale, Deerfield Beach, Hollywood, and Plantation.

The common mistakes are predictable: serving a notice with the wrong cure period, miscounting the three days, accepting rent without the paperwork the statute requires, and negotiating informally without writing anything down. A short consultation before you act can prevent all four. If the dispute involves unpaid rent beyond the possession issue, remember that Florida limits how long you have to sue on a written lease, so waiting on a money claim is a risk. The period for a claim founded on a written instrument is five years, and for an oral agreement it is four.

When a Lease Dispute Is Really a Business or Ownership Dispute

Many of the cases we see look like landlord tenant matters on the surface but are driven by something else. A tenant may be a former business partner occupying space owned by the company. A landlord may be one of several LLC members, and the other members disagree over who has authority to sign leases or evict. A family may share title to a rental property inherited from a parent, with one sibling collecting the rent and the others receiving nothing.

In those situations, the possession action is only one piece. Florida allows co-owners to ask a court for partition, which divides the property or orders it sold and the proceeds split. When title itself is clouded, a quiet title action can clear competing claims. When company money or rent has gone missing, claims for an accounting and for breach of fiduciary duty may be available. Because we handle business divorce, partition, and real estate litigation together, we can see the full picture and choose the right vehicle instead of winning a minor possession case and losing the larger fight.

Boynton Beach Landlord and Tenant Questions

How long does a landlord have to give a tenant to pay overdue rent in Florida?

The landlord must deliver a written demand for payment or possession, and the tenant has three days to pay or move out. Saturdays, Sundays, and court-observed legal holidays do not count toward those three days.

Can a landlord evict a tenant without going to court?

No. A notice alone does not end the tenancy by force. If the tenant does not leave, the landlord must file for possession and obtain a court order. Changing locks, removing belongings, or shutting off utilities can create liability for the landlord.

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

With a curable violation, the notice gives the tenant seven days to correct the problem or the landlord will terminate the lease. For violations that cannot be cured, such as intentional damage to property, the landlord can instead give a notice of intent to terminate with seven days to vacate and no cure period.

What if the same violation happens again after a warning?

If a tenant repeats or continues a violation within twelve months of a written warning, the landlord can go straight to a seven-day notice to vacate rather than offering another chance to cure.

Does taking partial rent ruin an eviction?

Not automatically. Accepting partial rent does not waive the right to terminate or sue, but the landlord must follow one of the statutory paths: give a receipt showing the date, amount, and balance due, place the money in the court registry on filing, or serve a new notice for the reduced amount.

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

A tenant can send written notice describing the failure. If the landlord materially fails to comply with the lease or its statutory maintenance duties within seven days of that notice, the tenant may terminate the rental agreement. Tenants should document the problem carefully before relying on this remedy.

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

A tenancy with no set duration ends by written notice delivered according to Florida’s statutory requirements. The notice period depends on the type of tenancy, and a casual text or verbal statement may not satisfy the law, so check the notice before sending it.

Which court handles a landlord tenant case in Palm Beach County?

Smaller money disputes and possession actions are generally handled in county court, while larger claims go to the circuit court. Both are part of Palm Beach County’s court system, with filings made through the county clerk, and the right venue depends on the amount in controversy and the relief sought.

Can a landlord and tenant settle without a trial?

Often, yes. Negotiated move-out dates, payment plans, and mediated agreements resolve many disputes faster and at lower cost than a contested hearing. Our attorneys are experienced in mediation and arbitration, and we pursue whichever path is more likely to meet the client’s goals.

What if my tenant is also my business partner or a co-owner?

Then a simple eviction may not solve the problem. Depending on the facts, claims may exist under the operating agreement, for breach of fiduciary duty, for an accounting, or for partition of the property. We evaluate the ownership and contract issues before deciding how to proceed.

I live in New York or New Jersey and own a rental in South Florida. Can you manage the dispute?

Yes. We regularly represent out-of-state owners with property in Palm Beach and Broward Counties, handle the local filings and court appearances, and keep you informed so you do not have to travel for each step.

How long do I have to sue a tenant for unpaid rent?

A claim founded on a written lease generally must be brought within five years. A claim based on an oral or implied agreement has a four-year limit. Waiting reduces leverage and makes collection harder, so these claims should not sit.

Serving Landlords and Tenants Across Boynton Beach and Palm Beach County

Our work for Boynton Beach landlords and tenants begins in the city itself and extends across Palm Beach County. We represent clients in neighboring Boca Raton, Delray Beach, Lantana, Lake Worth Beach, Greenacres, Wellington, and West Palm Beach, as well as Royal Palm Beach, Palm Springs, Jupiter, and Palm Beach Gardens. Property owners and renters in the western communities such as Belle Glade and in the coastal towns along the county’s length can reach our team as well.

We also serve clients in Broward County, including Deerfield Beach, Pompano Beach, Fort Lauderdale, Coral Springs, Plantation, and Hollywood, and throughout South Florida. Whether the dispute involves a single-family rental, a small commercial building, or a property held jointly by business partners or family members, our team brings the same attention to the lease, the notices, and the larger ownership questions behind them.

Speak With a Boynton Beach Landlord Tenant Lawyer Today

If a notice has been served, rent has stopped, or a lease dispute is turning into something larger, a conversation with a Boynton Beach landlord tenant lawyer can save time and money before the next deadline passes. The Andrew M. Schwartz Legal Team will review your lease and your options and explain the most practical way forward. Call our team to schedule a consultation.