Deerfield Beach Landlord Tenant Attorney
A lease dispute in Deerfield Beach rarely stays a simple disagreement over rent. Whether you own a small apartment building near Hillsboro Boulevard, lease a retail bay in a commercial plaza, or rent out a condo you can no longer afford to carry, a missed payment, a damaged unit, or a tenant who will not leave quickly becomes a question of notice, timing, and procedure. The Andrew M. Schwartz Legal Team handles business and real estate litigation for landlords, tenants, and investors in Deerfield Beach and throughout Broward County and Palm Beach County, and a Deerfield Beach landlord tenant attorney from our team can help you decide what to do before a deadline is missed.
Florida’s residential landlord-tenant rules are strict about paperwork. A termination notice that is defective, delivered the wrong way, or sent for the wrong kind of violation can force a landlord to start over, and a tenant who responds poorly to a valid notice can lose the right to stay. Commercial leases work differently, because they are governed largely by what the lease itself says, and those disputes tend to involve larger sums, personal guarantees, and business consequences well beyond the premises.
Why Choose the Andrew M. Schwartz Legal Team for a Lease Dispute
The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Deerfield Beach, Boca Raton, Fort Lauderdale, West Palm Beach, and the rest of Broward County and Palm Beach County. The firm represents business owners, investors, and families, and it handles both real estate transactions and real estate litigation, including landlord and tenant matters, failed closings, and purchase and sale contract disputes. Founder Andrew M. Schwartz has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He earned his undergraduate degree at Emory University and his law degree at the University of Miami. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of business and real estate experience in both state and federal courts.
That background matters in lease cases because the dispute is usually a contract dispute at its core. Our work centers on reading an agreement closely, tracing the parties’ course of dealing, and enforcing or defending what the document actually says. In November 2024 the firm reported a result in a related field: after a five-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment granting our client specific performance of a commercial real estate contract. The firm works as a true team, so everyone on your matter knows the file, and we keep a strict 24 hour return call policy when we are in court. Clients tell us they want a lawyer who acts as the situation requires and uses finesse when finesse will do, and in many lease disputes a well-timed demand resolves the problem faster than a filed complaint.
Common Landlord and Tenant Disputes We Handle
- Nonpayment of Rent: The most frequent residential dispute. A landlord must deliver a written demand for payment or possession, and the tenant gets three days to cure, not counting Saturdays, Sundays, or court-observed legal holidays. Errors in that notice are a common reason eviction filings stall.
- Lease Violations and Curable Noncompliance: Unauthorized occupants, pets, or nuisance conduct usually call for a notice giving the tenant seven days to correct the problem before the landlord may terminate. Some violations, such as intentional property destruction, allow a termination notice with no chance to cure.
- Commercial Lease Defaults: Unpaid rent, common area charges, and abandoned premises in Deerfield Beach retail and industrial space often involve personal guarantees, security deposits, and a duty to account for how the space was re-let.
- Month-to-Month Tenancies: When a tenancy has no fixed end date, it can be ended by written notice delivered in the manner Florida law prescribes. Landlords who rely on a verbal heads-up frequently discover the notice is ineffective.
- Tenant Claims Against Landlords: A tenant whose landlord materially fails to meet maintenance duties or lease obligations can give written notice and, if the failure continues for seven days, may terminate the lease. Habitability, withheld repairs, and wrongful lockouts also give rise to tenant claims.
- Security Deposits and Damage Claims: Disputes over what was ordinary wear and what was damage often carry attorney fee exposure under the lease or statute, which changes how both sides should value the claim.
- Co-Owner and Partnership Property Disputes: When rental property is held by former business partners or siblings who disagree over leasing, rent collection, or sale, the dispute can extend beyond the tenant to a partition action or an accounting of rents.
What a Landlord or Tenant Should Do Once a Notice Is in Play
Start with the paper. Gather the signed lease and every amendment, the rent ledger, texts and emails about the problem, photographs, and any notice that was posted, mailed, or handed over. For a landlord, the first decision is which notice fits the facts. An unpaid-rent problem and a lease-violation problem follow different tracks, and sending the wrong one wastes the clock. A curable violation requires a notice stating that the tenant has seven days to correct it or the lease will be terminated. An incurable or repeated violation within twelve months of a written warning can support a notice of intent to terminate that gives the tenant seven days to vacate.
Be careful with money after a nonpayment notice goes out. If a landlord accepts a partial rent payment, Florida law requires one of several steps: give the tenant a receipt stating the date, the amount received, and the agreed date and balance owed; place the partial payment in the court registry when filing for possession; or serve a new three-day notice reflecting the reduced amount. Accepting partial rent does not by itself waive the right to terminate, but handling it carelessly can create a defense. Do not change locks, shut off utilities, or remove a tenant’s belongings; self-help of that kind exposes a landlord to liability and often hands the tenant leverage.
For a tenant, the worst response is silence. A three-day or seven-day notice starts a short clock, and ignoring it commonly leads to a possession complaint and a default. If you believe the landlord failed to make repairs, say so in writing and keep a copy before withholding anything, because the right to terminate for a landlord’s breach depends on written notice and the passage of seven days. Retain proof of every payment you made.
On the procedural side, possession actions and smaller money claims in Broward County are heard in county civil court, which in Deerfield Beach has a courthouse presence at the North Regional Courthouse. County court handles claims up to a jurisdictional ceiling that is adjusted periodically, and small claims fall below it. Larger commercial lease claims, claims for injunctive relief, and disputes tied to broader business litigation can belong in the Seventeenth Judicial Circuit, which sits for Broward County. If the property or the other party is in Palm Beach County, the Fifteenth Judicial Circuit applies. Choosing the right court and the right claim, possession, damages, or both, is part of what we do at the outset.
Commercial Leases, Guarantees, and Disputes That Reach the Circuit Court
A commercial landlord or tenant in Deerfield Beach is not working from the residential statute’s tidy notice ladder. The lease controls: notice and cure periods, default definitions, acceleration of rent, attorney fee clauses, and what happens to the tenant’s fixtures and inventory. Many commercial leases are paired with personal guarantees, which is why a business tenant’s closure can become an individual’s lawsuit. A claim on a written lease falls under the five-year limitations period for actions founded on a written instrument, while an oral or implied arrangement carries four years, so the form of the deal affects how long a claim stays alive.
Some disputes cannot wait for a final judgment. A landlord who fears a tenant is stripping the premises or diverting funds, or a tenant facing a lockout that would destroy the business, may need a temporary or emergency injunction. Our firm obtains injunctive relief to protect business interests and real property while a case is pending. When a lease dispute sits inside a larger fight, such as co-owners who cannot agree on a building, the Seventeenth Circuit’s complex business division may handle cases involving large business and construction litigation, and we evaluate whether a matter belongs there.
Not every dispute needs a trial. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and a negotiated move-out date, payment plan, or lease buyout often costs less than a contested possession case. We look for the resolution that fits the client’s goals and budget rather than drawing a case out for its own sake.
Questions About Landlord-Tenant Law in Deerfield Beach
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 rent is still unpaid after that period, the landlord may terminate and file for possession.
What is the difference between a curable and an incurable lease violation?
For a curable violation, the notice must give the tenant seven days to correct the problem before the landlord terminates. For violations that cannot be cured, such as intentional destruction of property or a repeated unreasonable disturbance, the landlord may deliver a notice of intent to terminate with seven days to vacate and no chance to cure.
Can a landlord accept partial rent and still evict?
Yes, but there are conditions. Accepting partial rent does not waive the right to terminate, though the landlord must give a dated receipt with the balance due, deposit the funds in the court registry when filing, or serve a new three-day notice for the lower amount.
How do I end a month-to-month tenancy?
A tenancy with no fixed duration is ended by written notice delivered in the manner Florida law requires. A verbal statement is not reliable, and a defective notice can restart the process.
Can a tenant leave if the landlord will not make repairs?
A tenant may terminate if the landlord materially fails to meet the statutory maintenance duties or the lease within seven days after receiving the tenant’s written notice. The notice must be in writing, and the specifics of the breach matter.
Is a commercial eviction handled like a residential one?
No. Commercial tenancies are driven mostly by the lease terms and their notice and cure provisions, rather than the residential notice schedule, so the lease must be read before any step is taken.
Does a landlord need a lawyer for a simple nonpayment case?
Not always, but a corporate landlord or entity must generally be represented in court, and a defective notice can cost weeks. If the unit has multiple owners, a guarantor, or a counterclaim in play, counsel is worth the expense.
What if my tenant filed for bankruptcy or is a business that closed?
Those facts change the strategy. Collection against a closed entity may depend on a personal guarantee, and a bankruptcy filing can pause certain actions. Bring the lease, guaranty, and any notices to a consultation so the options can be evaluated.
How long do I have to sue over unpaid rent under a written lease?
A claim founded on a written instrument carries a five-year limitations period. Oral or implied agreements carry four years, so documenting the lease in writing matters.
I live in New York or New Jersey and own a rental in Deerfield Beach. Can you handle it remotely?
Yes. We regularly represent clients from New York, New Jersey, and Connecticut with property or business interests in South Florida, handle the local court appearances, and keep you informed so you do not need to travel for each hearing.
My co-owner and I disagree about renting our building. Is that a landlord-tenant issue?
It can be both. Disputes over rent collection and leasing decisions between co-owners may involve an accounting, a partition action, or a business divorce, and we handle those together with the lease issues.
Serving Landlords and Tenants Across Broward and Palm Beach Counties
We represent clients in Deerfield Beach and the surrounding Broward County communities, including Pompano Beach, Lighthouse Point, Hillsboro Beach, Coconut Creek, Margate, Coral Springs, Parkland, Tamarac, Lauderdale-by-the-Sea, and Fort Lauderdale. Our reach extends north into Palm Beach County, where we serve Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Lake Worth, Wellington, and West Palm Beach. Landlords, tenants, and investors across Palm Beach County and Broward County, as well as out-of-state owners from the New York, New Jersey, and Connecticut area, rely on us for lease disputes, possession actions, and the broader business and real estate conflicts that often sit behind them.
Speak With a Deerfield Beach Landlord Tenant Lawyer Before the Clock Runs Out
Notice periods in lease disputes are short, and the first document sent often decides how smoothly the case proceeds. If you are a landlord preparing to terminate a lease or a tenant who has received a notice, call the Andrew M. Schwartz Legal Team to speak with a Deerfield Beach landlord tenant lawyer about your lease, your deadlines, and the most efficient path to resolution.
