Davie Landlord Tenant Attorney

A tenant who stopped paying rent in a Davie rental, or a landlord whose commercial space has been sitting in default for two months, is usually facing a clock that started running before anyone called a lawyer. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and tenants across Broward County and Palm Beach County, and a Davie landlord tenant attorney from our team can step in at the notice stage, where most of these cases are won or lost.

Florida’s landlord-tenant statute is strict about paperwork. A termination notice that gives the wrong number of days, counts weekends incorrectly, or is delivered in the wrong manner can be thrown out, forcing the landlord to start over and lose weeks. Davie’s mix of single-family rentals, townhome communities, student-oriented housing near the college campuses, rural-feeling equestrian properties, and commercial plazas along its main corridors means the disputes vary widely, but the procedural rules that govern them do not.

Our practice looks at these disputes the way a litigator does. We read the lease, the payment history, the notices, and the correspondence, and we decide early whether the matter should be resolved by a cure, a negotiated move-out, a settlement of money owed, or a possession action in court.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s real estate and business disputes, serving Davie and the rest of Broward County alongside Palm Beach County. Landlord-tenant conflicts rarely stay simple. A missed rent payment can turn into a lease interpretation fight, a guaranty claim against an individual owner, a dispute over a security deposit, or a deeper disagreement between co-owners of the rental property itself. Because our work already spans real estate transactions and litigation, commercial leases, purchase and sale disputes, partition actions, and partnership conflicts, we see the whole picture rather than just the eviction filing.

Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. His career has been built around contract disputes, and a lease is a contract whose outcome often turns on exact wording and the parties’ history of dealing with one another. 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 your file knows it, and we hold ourselves to a strict 24 hour return call policy when we are in court and cannot respond right away.

We have also seen what real estate litigation looks like when it goes the distance. After a 5-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That result reflects the kind of detailed trial preparation we bring to lease and property disputes, whether the case ends at mediation or in a courtroom. We look for the resolution that fits a client’s goals and budget, and we do not stretch a dispute out for its own sake.

Common Landlord and Tenant Disputes We Handle in Davie

• Nonpayment of Rent: The most frequent residential dispute. A landlord must deliver a written demand for payment or possession, and the tenant has 3 days to pay or leave, not counting Saturdays, Sundays, or court-observed legal holidays. Errors in how those days are counted are a common reason a case stalls.
• Lease Violations That Can Be Cured: Unauthorized occupants, pets, or other rule breaches generally require a notice giving the tenant 7 days from delivery to fix the problem before the landlord can terminate.
• Violations With No Chance to Cure: Intentional destruction or misuse of property, and repeated unreasonable disturbances, can support a 7-day notice of intent to terminate without any opportunity to correct the conduct. The same applies when a violation repeats within 12 months of a written warning.
• Partial Rent and Waiver Problems: Accepting partial payment after a nonpayment notice does not by itself waive the landlord’s right to terminate, but the landlord must follow specific steps: issue a dated receipt showing the balance and due date, deposit the money into the court registry, or serve a fresh notice for the new amount.
• Tenant Claims Against a Landlord: When a landlord fails to maintain the unit as required by statute or the lease, a tenant who gives written notice may be able to terminate if the problem is not fixed within 7 days.
• Month-to-Month and Open-Ended Tenancies: Tenancies with no fixed term end by written notice delivered in the manner the statute prescribes, and mistakes in timing or delivery can invalidate the termination.
• Commercial Lease Defaults: Retail, office, and warehouse tenants in Davie often face guaranty claims, unpaid common area charges, holdover disputes, and fights over build-out obligations that turn on the lease’s exact language.
• Co-Owner and Family Landlord Conflicts: When siblings, former partners, or heirs jointly own the rental, disagreements over rent collection, repairs, or sale can end in a partition action or a claim for an accounting.

What a Landlord or Tenant Should Do Right Now

The first step for either side is to gather the documents that actually decide the case: the signed lease and any amendments, the rent ledger, every notice sent or received, text messages and emails about payment or repairs, photographs of the unit, and any receipts. For landlords, the most important question is whether a notice has already gone out and whether it was delivered properly. A defective notice should usually be corrected and re-served rather than relied upon in court, because a judge who finds the notice deficient will not let the case proceed on it. Do not change locks, remove belongings, or shut off utilities. Florida requires a court process for removal, and self-help measures can expose a landlord to liability.

For tenants, a written demand or termination notice does not mean you must leave immediately, but the deadlines in it are real. If you have a defense, such as a landlord who failed to maintain the property after written notice or an error in the notice itself, it should be raised promptly and in the proper form. Paying what is owed within the notice period can end a nonpayment case entirely, so confirm the amount and the deadline before the clock runs out. Keep paying documented rent in a traceable way and keep your own records of every communication.

If a case proceeds, possession and money claims are filed in the court system serving Broward County. The amount in controversy decides which court hears the money portion: small claims handles the lowest-value disputes, county court covers the middle range, and circuit court takes larger claims. The Seventeenth Judicial Circuit sits in and for Broward County, and county civil matters are heard at courthouses in Fort Lauderdale as well as the regional courthouses in the north, south, and west parts of the county. Larger commercial lease disputes, particularly those involving substantial damages or tied to business dissolution, can end up in the circuit’s complex business division. Because our team also appears in Palm Beach County and in the federal Southern District of Florida, we can follow a dispute across venues when a landlord or tenant has properties in more than one place.

The most common mistakes we see are accepting rent after a notice without documenting it, miscounting the notice period, sending a notice that does not match the lease, and waiting too long to respond to a complaint. Each of these can cost a client leverage that is difficult to rebuild.

Lease Disputes That Reach Beyond the Eviction

An eviction judgment gets a landlord back into the property, but it often leaves the larger money question unresolved. Back rent, late fees, damage claims, unpaid utilities, and attorney fees provisions in the lease are frequently pursued separately, and the deadlines for contract claims matter. In Florida, a lawsuit founded on a written lease generally must be filed within five years, while a claim not based on a written instrument carries a four-year period. Those periods are long, but evidence and witnesses do not keep for years, and a landlord who waits often finds a tenant with no assets left to collect from.

Commercial leases raise another layer of issues. Personal guaranties may make an individual owner liable for a corporation’s rent, and a landlord’s duty to mitigate, the interaction between a default and a security deposit, and lease clauses on acceleration of future rent are all contested in practice. These cases often depend on the precise wording of the agreement, which is where careful litigation work makes a difference. Where a dispute is really a fight between owners of a business, or between co-owners of the building, the claim may involve fiduciary duty, an accounting, or even partition, in which a court divides the property or orders it sold and the proceeds shared among the owners. When assets are at risk of being moved or spent, we also pursue temporary or emergency injunctive relief.

Many of these disputes settle. Mediation and negotiated exits, such as an agreed move-out date in exchange for a waiver of part of the balance, are often cheaper than a trial for both sides. Our attorneys are experienced in mediation and arbitration as well as in the courtroom, and we weigh each path against what the client is trying to accomplish.

Davie Landlord and Tenant Questions Answered

How much notice does a Florida landlord have to give before filing for eviction over unpaid rent?

The landlord must deliver a written demand for payment or possession and wait until the default has continued for 3 days, excluding Saturdays, Sundays, and court-observed legal holidays. Only then can the landlord terminate the rental agreement and file for possession.

What notice is required when a tenant breaks a lease rule other than paying rent?

For a violation that can be fixed, the landlord’s notice must state that the tenant has 7 days from delivery to correct it or the lease will be terminated. For violations that cannot be cured, or a repeat violation within 12 months of a written warning, the landlord may deliver a notice of intent to terminate giving the tenant 7 days to vacate.

Does accepting partial rent ruin a landlord’s eviction case?

No, accepting partial rent does not waive the landlord’s right to terminate or sue, but there are required follow-up steps. The landlord should give a receipt showing the date and amount received and the new balance and due date, place the money in the court registry when filing, or serve a new 3-day notice reflecting the reduced amount owed.

Can a tenant terminate a lease if the landlord does not make repairs?

A tenant may be able to, but only after giving written notice and allowing the landlord 7 days to fix a material failure to meet statutory maintenance duties or lease obligations. The notice and the timing matter, so a tenant should have the situation reviewed before stopping rent payments or moving out.

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

A tenancy with no fixed duration ends by written notice delivered in the manner required by statute. The proper notice period depends on the type of tenancy, so the lease and payment pattern should be checked before the notice is sent.

What court hears a landlord-tenant case in Davie?

Possession cases and money claims arising in Davie are heard within the Seventeenth Judicial Circuit, which sits in and for Broward County. Smaller money claims go to small claims, mid-range disputes to county court, and larger claims to circuit court.

Can a landlord change the locks or remove my belongings if I am behind on rent?

No. Removal of a tenant must go through the court process, and self-help measures such as lockouts or utility shutoffs can create liability for the landlord. Tenants who are locked out should document the situation immediately and contact counsel.

My commercial tenant signed a personal guaranty. Can I collect from the owner individually?

Often yes, depending on the exact wording of the guaranty and the lease. The scope of the guaranty, whether it covers rent, damages, and attorney fees, and whether the tenant entity or the individual was properly named all affect what can be recovered.

How long do I have to sue a tenant or landlord for breach of a written lease?

A claim founded on a written lease generally has a five-year limitations period in Florida, while a claim on an oral or implied agreement has four years. Do not rely on the full period; evidence weakens and collection gets harder the longer a claim waits.

Is hiring a lawyer worth it for a small residential eviction?

It often is, because the most expensive mistakes are procedural. A defective notice or a miscounted deadline can restart the process and add weeks of lost rent. For a landlord with a straightforward case, early review of the notice can save far more than it costs.

What if my co-owner and I disagree about how to handle a tenant in our jointly owned rental?

Disagreements between co-owners can stall everything from rent collection to repairs. Depending on the ownership structure, options include enforcing the operating or ownership agreement, seeking an accounting of rents, or asking a court to partition the property by division or sale.

Can an out-of-state owner handle a Davie landlord-tenant dispute without traveling?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut who hold South Florida property. We handle the local court appearances and keep clients informed at each stage, so they do not need to travel for every hearing.

Serving Landlords and Tenants Across Davie and Broward County

We represent clients in Davie and throughout Broward County, including neighboring communities such as Plantation, Sunrise, Cooper City, Southwest Ranches, Pembroke Pines, Weston, Hollywood, Fort Lauderdale, and Lauderhill. Landlords and tenants with properties in Davie’s residential neighborhoods, townhome and apartment communities, and commercial centers rely on our team for both notice-stage guidance and full litigation.

Our work reaches north into Palm Beach County as well, including Boca Raton and West Palm Beach, and we serve clients across South Florida who hold rental property or lease commercial space here. Owners and investors from New York, New Jersey, and Connecticut with Florida interests are a regular part of our practice, and we handle the court proceedings on their behalf.

Speak With a Davie Landlord Tenant Lawyer Before the Deadline Passes

Whether you are a landlord who needs a notice served correctly or a tenant who has been handed one, the first few days often set the course of the case. A Davie landlord tenant lawyer from the Andrew M. Schwartz Legal Team can review your lease and paperwork, tell you where you stand, and recommend the path that fits your goals and budget. Call our team to schedule a consultation.