Coral Springs Landlord Tenant Attorney

Most landlord-tenant disputes in Broward County end one of two ways: possession of the unit is resolved quickly and cleanly, or a procedural mistake in the first notice sends everyone back to square one. The Andrew M. Schwartz Legal Team handles landlord and tenant matters as part of its real estate transactions and litigation practice, and a Coral Springs landlord tenant attorney from our team can help property owners, investors, and tenants in Coral Springs and across Broward and Palm Beach Counties reach a resolution that holds up in court.

Landlord-tenant law looks simple from the outside, since it is mostly about rent and possession. In practice it is one of the most technical areas of Florida civil law. The notice a landlord serves, the way it is worded, the day it is delivered, and what the landlord does with a partial payment afterward can each decide whether a case proceeds or gets thrown out. Tenants face the mirror image of that problem: knowing which of their own obligations are curable, and which complaints about a landlord’s failures actually trigger a legal remedy.

This area also differs from the disputes people confuse it with. An eviction is not a collection action, a security deposit claim is not a possession case, and a commercial lease default is governed by the lease itself far more than by the residential statute. Getting the category right at the start determines which court hears the case, what notice is required, and how fast things move.

Notices, Cure Periods, and Where Eviction Cases Go Wrong

Florida’s residential landlord-tenant statute sets out different notice paths depending on what the tenant did. 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. That exclusion language trips up landlords who count calendar days and file too early.

For other lease violations, the analysis splits. When the violation can be fixed, the landlord’s notice must tell the tenant that the problem has to be corrected within seven days of delivery or the landlord will terminate. When the violation cannot be cured, or when it repeats or continues within twelve months after a written warning, the landlord may instead deliver a notice of intent to terminate that gives the tenant seven days to vacate. The statute lists examples of conduct with no right to cure, including intentional destruction or misuse of property, fraudulent entry of a unit, and a repeated unreasonable disturbance of neighbors.

Partial rent is another common source of trouble. A landlord who accepts partial payment after posting a nonpayment notice does not automatically give up the right to terminate or sue, but the statute requires a follow-up step. The landlord must either give the tenant a receipt showing the date, amount received, and the agreed date and balance due before filing for possession; place the partial rent in the court registry when filing; or serve a new three-day notice reflecting the reduced amount. Skipping that step hands the tenant a defense.

Tenants have their own statutory path. If a landlord materially fails to comply with the basic maintenance obligations of the statute or with the rental agreement, and does not fix the problem within seven days after receiving the tenant’s written notice, the tenant may terminate the rental agreement. A month-to-month or other tenancy without a fixed term can be ended by written notice delivered in the manner the statute prescribes.

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 clients in Coral Springs, Boca Raton, Fort Lauderdale, West Palm Beach, and throughout Broward County and Palm Beach County. Andrew M. Schwartz, the firm’s 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. Joining him is Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience handling business and real estate cases in state and federal courts.

That background matters in landlord-tenant work because many of these disputes are not stand-alone evictions. A commercial tenant stops paying and also disputes what the lease says about build-out costs. A landlord needs possession and also wants to recover damages under a guaranty. A co-owner of a rental property is skimming rent. These cases sit where lease law, contract law, and real estate litigation overlap, and complex contract and real estate disputes have been the center of Mr. Schwartz’s practice throughout his career. The firm also seeks temporary and permanent injunctions, including emergency relief, when a property or its income is at risk while a dispute is pending.

Recent trial work reflects the firm’s real estate litigation depth. After a five-day bench trial in Broward County Circuit Court, the firm’s client received a 32-page final judgment awarding specific performance of a commercial real estate contract. The firm practices as a true legal team, so everyone working on your file knows it, and a strict 24 hour return call policy applies when an attorney is in court. The attorneys are experienced in mediation and arbitration as well as courtroom litigation, and the goal is the outcome that fits your objectives and your budget, not a longer case for its own sake.

Types of Landlord-Tenant Matters We Handle

• Nonpayment of Rent: The three-day demand, the exclusion of weekends and court-observed holidays, and the partial-payment rules are where most residential possession cases are won or lost, for landlords and tenants alike.
• Lease Violations and Terminations: Whether a violation is curable, whether a seven-day cure notice or a seven-day termination notice applies, and whether a prior written warning within twelve months changes the analysis.
• Commercial Lease Disputes: Defaults, rent abatement claims, guaranty enforcement, and the interpretation of lease terms in retail, office, and industrial space, where the written agreement controls far more than the residential statute.
• Tenant Remedies for Landlord Noncompliance: Written notice of a failure to maintain the unit, the seven-day window for the landlord to respond, and termination rights if the landlord does not.
• Month-to-Month and Periodic Tenancies: Ending a tenancy with no fixed term through properly delivered written notice, and avoiding defects that invalidate the termination.
• Co-Owner and Investor Rental Disputes: Disagreements among owners over who collects rent, who accounts for it, and what happens to the property, which can lead to injunctive relief, accountings, or partition.
• Failed Closings and Possession Disputes: Situations where a buyer, seller, or occupant disputes who is entitled to the property, often overlapping with purchase and sale contract litigation.

What to Do Right Now If You Are Facing a Landlord-Tenant Dispute

Start by gathering the paper. For a landlord, that means the signed lease, the rent ledger, every notice served, proof of how and when each notice was delivered, and any communication with the tenant after the notice went out. For a tenant, it means the lease, proof of payments, photographs and dated written complaints about conditions, and any notice you have received. The date of delivery matters because every statutory clock runs from it.

Do not accept or demand partial rent without thinking through the consequences. A landlord who takes a partial payment after serving a nonpayment notice needs to follow one of the statutory options, or the notice may be undermined. A tenant who withholds rent over a maintenance problem without first giving the required written notice and the seven-day response period may be giving the landlord a clean nonpayment case.

If the dispute is headed to court, the forum depends on what is being claimed. Claims for money up to the small claims ceiling go to small claims, mid-range money claims go to county civil court, and larger claims go to circuit court. Broward County cases are heard in the Seventeenth Judicial Circuit, whose county civil divisions sit at the Central Courthouse in Fort Lauderdale and at regional courthouses in Deerfield Beach, Hollywood, and Plantation. Palm Beach County matters are handled in the Fifteenth Judicial Circuit, with the main courthouse in West Palm Beach. The Seventeenth Circuit also maintains complex business divisions that can hear larger commercial lease and real estate disputes. We handle the local court appearances, which is particularly useful for out of state owners who hold property here but live in New York, New Jersey, or Connecticut.

The most common mistakes are self-help measures and sloppy paperwork. Landlords who change locks or shut off utilities to force a tenant out create their own liability, and notices that miscount days or omit required language get dismissed. Call a Coral Springs landlord and tenant lawyer before serving notice, not after a judge has found it defective.

Commercial Landlords, Tenants, and the Lease as the Governing Document

Commercial lease disputes follow different rules than residential ones. The parties have far more freedom to write their own terms, so the lease itself, along with the history of how the parties dealt with each other, is usually the heart of the case. Rent acceleration clauses, personal guaranties, default and cure provisions, and attorney fee clauses all come directly from the document. We represent both landlords and tenants in these disputes and prepare them with close attention to the precise wording, because outcomes often turn on a single provision.

The time limits for suing on a lease also matter. A claim founded on a written instrument generally carries a five-year limitations period in Florida, while a claim based on an oral or implied agreement carries four years. A landlord who waits too long to pursue unpaid rent or damages may lose the claim entirely.

Landlord-Tenant Questions We Hear Most Often

How long does a landlord have to wait after serving a nonpayment notice?

The tenant has three days after delivery of the written demand to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays. If the default continues after that period, the landlord may terminate the rental agreement and proceed with a possession action.

What is the difference between a seven-day cure notice and a seven-day termination notice?

A cure notice applies to a violation that can be corrected, such as an unauthorized pet or clutter, and tells the tenant to fix the problem within seven days or face termination. A termination notice applies to violations that cannot be cured, or that repeat within twelve months of a written warning, and gives the tenant seven days to leave without a chance to correct the conduct.

Can a landlord accept partial rent and still evict?

Yes, accepting partial rent does not by itself waive the right to terminate or sue. The landlord must still take one of the statutory steps: give the tenant a receipt stating the amount and the agreed balance and date, deposit the partial rent in the court registry when filing, or serve a fresh three-day notice for the new amount.

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

A tenant may terminate if the landlord materially fails to comply with its maintenance obligations or the rental agreement and does not fix the problem within seven days after receiving the tenant’s written notice. The written notice and the seven-day response period are prerequisites, so a tenant who skips them risks being treated as the party in default.

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

A tenancy without a fixed term can be ended by written notice delivered in the manner the statute prescribes. The notice must be properly delivered and timed, and a defective notice can force the landlord to start over.

Which court handles a landlord-tenant case in Coral Springs?

Coral Springs disputes are heard in the Seventeenth Judicial Circuit for Broward County. Small claims cover the lowest-dollar disputes, county civil court handles the middle range, and circuit court handles claims above the county court ceiling. The ceilings are adjusted periodically, so confirm the current limits before choosing a forum.

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

These disputes often combine a possession question with an ownership dispute. When co-owners fight over rent, control, or sale of a property, remedies can include an accounting, breach of fiduciary duty claims, emergency injunctive relief, or a partition action, in addition to ordinary eviction rights. The right path depends on the ownership structure and the documents.

Can a landlord evict a tenant who destroyed property?

Intentional destruction, damage, or misuse of the landlord’s or other tenants’ property is one of the examples of noncompliance that carries no right to cure. The landlord may serve a notice of intent to terminate giving the tenant seven days to vacate, though the facts must support the allegation.

Is it worth hiring a lawyer for a single-unit eviction or a modest lease dispute?

Often yes, because the cost of a defective notice is a restart of the clock and additional lost rent. A short consultation to review the lease and notice before anything is served can prevent procedural defenses. The firm looks for the resolution that fits the dollars at stake, and many matters settle through negotiation or mediation.

I own rental property in Coral Springs but live out of state. Can you handle the case?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut with property or business partners in South Florida. We handle the local filings and court appearances and keep you informed so you do not need to travel for every hearing.

Do other attorneys refer landlord-tenant cases to your firm?

Yes. A significant part of our practice comes from other lawyers, including out of state counsel whose clients have Florida property disputes. We keep referring counsel informed and respect their relationship with the client.

Serving Landlord and Tenant Clients Across Coral Springs and South Florida

Our work for Coral Springs landlords and tenants extends across northwest Broward County and the surrounding communities. We represent property owners and renters in Coral Springs itself, as well as in Parkland, Margate, Coconut Creek, Tamarac, Sunrise, Plantation, Pompano Beach, and Deerfield Beach. Further south and east, we serve clients in Fort Lauderdale, Davie, Weston, Hollywood, and the neighboring communities of Broward County.

Across the county line in Palm Beach County, the firm assists clients in Boca Raton, Delray Beach, Boynton Beach, Wellington, Royal Palm Beach, Palm Beach Gardens, and West Palm Beach. Whether the property is a single-family rental, a multi-unit building, or commercial space, and whether the case belongs in a Broward or Palm Beach County courtroom, the Andrew M. Schwartz Legal Team brings real estate litigation experience to the dispute, and we also represent clients from New York, New Jersey, and Connecticut with interests in the region.

Talk With a Coral Springs Landlord Tenant Lawyer Before the Next Notice Goes Out

If you are a landlord weighing a notice, a tenant who has received one, or an owner caught in a lease or co-ownership dispute, a conversation early on can save months. A Coral Springs landlord tenant lawyer at the Andrew M. Schwartz Legal Team will review your lease and paperwork, explain where you stand under the statute, and recommend a practical course, whether that is negotiation, mediation, or court. Call our team to schedule a consultation.