Coconut Creek Landlord Tenant Attorney

Most landlord-tenant disputes in Broward County begin with a notice, and a notice drafted incorrectly can force a landlord to start over or hand a tenant a defense. The Andrew M. Schwartz Legal Team handles landlord and tenant matters as part of its business and real estate litigation practice, and a Coconut Creek landlord tenant attorney from our firm can represent property owners, investors, and tenants across Broward County, Palm Beach County, and the rest of South Florida.

Coconut Creek has a mix of residential communities, rental townhomes, investor-owned condos, and commercial space along its retail corridors. That mix produces everything from a single missed rent payment to a commercial lease default with real money behind it. Florida’s residential landlord-tenant statute sets short, strict deadlines, and the order in which notices go out often decides how a case ends.

Our work covers both sides of the lease: owners trying to recover possession or unpaid rent, and tenants facing a termination notice or a landlord who will not make required repairs. We also see what happens when a lease dispute is really a business dispute, such as co-owners fighting over a rental property, or a commercial tenant and landlord with competing contract claims.

Notices, Cure Periods, and How Florida Terminations Actually Work

Florida law does not let a landlord simply change the locks or demand that a tenant leave. A residential landlord has to follow a statutory notice process, and the type of notice depends on what the tenant did wrong.

For unpaid rent, the landlord delivers a written demand for payment or possession. If the default continues for three days after delivery, not counting Saturdays, Sundays, or court-observed legal holidays, the landlord may terminate the rental agreement. Only holidays observed by the courts count for this purpose, which surprises landlords who assume any holiday stops the clock.

For other lease violations that can be fixed, the landlord’s notice must say that the tenant has seven days from delivery to correct the problem, and that the rental agreement will be terminated if it is not corrected. Some violations are treated as incurable. Intentional destruction or misuse of the landlord’s or other tenants’ property, and a repeated or continuing unreasonable disturbance, can support a notice of intent to terminate that gives the tenant seven days to vacate with no chance to cure. The same applies to a repeat violation within twelve months of a written warning.

Partial rent is another place cases go sideways. A landlord who accepts partial rent after posting a nonpayment notice does not automatically give up the right to terminate or sue. But the landlord has to handle it correctly: give the tenant a dated receipt that states the amount received and the balance due, place the money in the court registry when filing for possession, or post a new three-day notice reflecting the revised amount owed. Skipping that step hands the tenant an argument.

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 represents business owners, investors, and families in Palm Beach County and Broward County. Founder Andrew M. Schwartz has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and holds degrees from Emory University and the University of Miami. His career has centered on contract disputes, and a lease is a contract. Cases like these often turn on the exact language of the agreement and the history between the parties, and that is how we prepare them.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. The firm works as a true legal team, so everyone on your file knows it, and we keep a strict 24 hour return call policy when we are in court and cannot pick up right away.

Real estate litigation is a core part of what we do. Our firm recently obtained a 32-page final judgment from the Broward County Circuit Court after a five-day bench trial, awarding our client specific performance of a commercial real estate contract. That is the kind of contract-driven, document-heavy litigation that also sits underneath serious commercial lease fights.

We are also practical about cost. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits the client’s goals and budget. Many lease disputes settle once both sides understand the notice record and the numbers.

Landlord and Tenant Matters We Handle

• Nonpayment of Rent: The three-day notice, the possession action that follows, and claims for the rent itself. Notice defects and partial payments are the most common technical problems.
• Lease Violations and Curable Defaults: Unauthorized occupants, pets, property use, and similar breaches that carry a seven-day cure window before termination.
• Incurable Violations: Intentional property damage and repeated disturbances that allow a seven-day notice to vacate without an opportunity to cure.
• Tenant Claims for Landlord Failure to Repair: A tenant who gives written notice of a material failure to maintain the unit may terminate the rental agreement if the landlord does not fix it within seven days.
• Month-to-Month and Other Open-Ended Tenancies: Ending a tenancy with no fixed term requires written notice delivered in the manner the statute provides, and the method of delivery matters.
• Commercial Lease Disputes: Retail and office leases where rent, build-out obligations, personal guarantees, and default provisions are negotiated by contract rather than controlled by the residential statute.
• Security Deposits and Money Claims: Disputes over deposits, unpaid rent, and damages, including claims that overlap with partners or co-owners who are also landlords.
• Injunctive Relief: Emergency court orders when a tenant or landlord is destroying property, moving assets, or otherwise causing harm that cannot wait for a final judgment.

What to Do in the First Days of a Lease Dispute

Start with the paper. Gather the lease, every notice either side has sent, proof of how and when each notice was delivered, rent ledgers, payment receipts, texts, emails, and photographs. Delivery dates drive every deadline in this area, so they matter more than most people expect.

If you are a landlord, do not take any self-help step. No lockouts, no removing belongings, no cutting utilities. Send the correct notice, calculate the deadline carefully, and if you accept any payment after posting a nonpayment notice, document it properly. If the tenant does not leave or pay, the next step is a possession action filed in court.

If you are a tenant who has received a notice, read exactly what it says and count the days from delivery. A three-day notice for unpaid rent does not count weekends or court-observed holidays. A seven-day notice for a curable violation gives you the chance to fix the problem. If you are the one with a complaint about repairs, put it in writing and keep a copy, because the seven-day period begins after the landlord receives your written notice.

Where a case is filed depends on the amount and the type of claim. County civil court hears actions at law up to a jurisdictional ceiling that is adjusted periodically, while small claims remain a separate track for the lowest-dollar disputes. Coconut Creek sits in Broward County, so cases are generally heard in the Seventeenth Judicial Circuit, with county civil matters handled through the Broward County Court system. Larger business disputes can also be directed to the Seventeenth Circuit’s complex business division through a special filing process. If the dispute involves property you own in Palm Beach County, the Fifteenth Judicial Circuit handles it instead.

One common mistake is waiting. Contract-based lease claims have limitations periods that range from four years for oral or implied agreements to five years for written ones, but possession cases move on a much shorter clock, and delay makes evidence harder to prove. The other common mistake is relying on a form notice downloaded online without checking it against the lease and the statute.

When a Lease Dispute Is Really a Business Dispute

Many of the landlord-tenant matters we see are not simple. A commercial tenant stops paying and also claims the landlord breached the lease first. Two co-owners of a rental property disagree about whether to evict a tenant, sell, or keep holding. A family-owned rental portfolio becomes the center of a dispute among relatives. A property manager cannot account for rent collected.

In those cases the lease is only one piece. The court may be asked to address claims for an accounting, breach of fiduciary duty, recovery of diverted rent, or even a partition of the property itself. Because our practice spans business divorce, partition actions, title disputes, and contract litigation, we can handle the lease problem and the ownership problem in the same engagement rather than sending you to separate counsel.

Questions About Landlord and Tenant Law in Coconut Creek

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

The tenant has three days after delivery of the written demand, and Saturdays, Sundays, and court-observed legal holidays are not counted. If the default continues past that point, the landlord may terminate the rental agreement and pursue possession in court.

Can a landlord change the locks if the tenant owes rent?

No. Florida requires a landlord to use the notice and court process to recover possession. A landlord who bypasses it risks liability to the tenant, and what looked like a rent case becomes a defense problem.

What happens if a landlord accepts part of the rent after posting a notice?

Accepting partial rent does not by itself waive the right to terminate or sue. The landlord does need to handle the payment properly, by giving a receipt that states the amount and balance due, depositing the funds in the court registry when filing, or serving a new three-day notice for the reduced amount.

Does a tenant always get a chance to fix a lease violation?

No. Curable violations come with a seven-day window. But intentional damage to property, a continuing unreasonable disturbance, or a repeat violation within twelve months of a written warning can support a notice to vacate within seven days without any cure period.

What can a tenant do if the landlord will not make repairs?

The tenant can give written notice describing the problem. If the landlord materially fails to comply with its maintenance duties or the rental agreement within seven days of that notice, the tenant may terminate the rental agreement. Keeping a copy and proof of delivery is important.

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

A tenancy without a set duration is ended by written notice, delivered in the manner the statute requires. The type of tenancy, such as month-to-month or week-to-week, affects how much notice is needed, so confirm the details before sending.

Can I recover unpaid rent and not just possession?

Yes. A claim for possession and a claim for money owed are separate. Depending on the amount, the money claim may belong in small claims, county civil court, or circuit court, and written leases generally carry a five-year limitations period for contract claims.

What if my commercial lease has a personal guarantee?

Commercial leases are governed mainly by their own terms rather than the residential statute. A guarantee can make an individual owner personally liable for the company’s rent, so the guarantee language, any notice requirements, and the landlord’s duties all deserve close review before responding.

I live in New York or New Jersey and own a rental in Coconut Creek. Can you handle the case without my traveling?

Yes. We regularly represent out of state owners with South Florida property. We handle local court appearances and keep you informed so you do not need to travel for every hearing.

Do these cases always end up in court?

No. Many are resolved through negotiation, mediation, or arbitration once the notice record and the numbers are clear. Our attorneys pursue the path most likely to reach your goal efficiently, and we are ready to litigate when that is necessary.

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

Often, yes, because a defective notice can force a landlord to start over and lose weeks of rent. For tenants, a lawyer can check whether the notice was valid and whether a defense or negotiated exit is available.

Serving Landlords and Tenants Across Broward and Palm Beach Counties

We start with Coconut Creek and the surrounding Broward County communities, including Margate, Tamarac, Coral Springs, Parkland, Pompano Beach, Deerfield Beach, Lauderdale Lakes, and Sunrise. We also represent clients in Fort Lauderdale and throughout Broward County.

Our work extends north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach. We also serve clients from New York, New Jersey, and Connecticut who own business or real estate interests in South Florida, whether the property is a single rental unit or a commercial building.

Talk With a Coconut Creek Landlord Tenant Lawyer

If you are holding a notice, preparing to send one, or dealing with a lease dispute that has grown into something larger, call the Andrew M. Schwartz Legal Team to talk through the facts. A Coconut Creek landlord tenant lawyer from our firm will review your lease and notice history and tell you plainly what your options are, including whether a negotiated resolution makes more sense than a lawsuit. Call today to schedule a consultation.