Florida Landlord Tenant Attorney

The Andrew M. Schwartz Legal Team represents landlords, commercial property owners, investors, and tenants in lease disputes and property conflicts throughout Palm Beach County, Broward County, and the rest of South Florida. Our clients include out-of-state owners in New York, New Jersey, and Connecticut who hold rental property here, and the firm handles the Florida court appearances so those owners do not have to travel for every hearing. If you need a Florida landlord tenant attorney, the first thing worth knowing is that the notices sent before any lawsuit is filed are where many of these cases are won or lost.

Florida’s residential landlord-tenant statute is built around strict, sequential notices. A landlord who skips a step, miscounts a day, or serves the wrong type of notice can see an eviction case thrown out and have to start over. A tenant who ignores a notice, on the other hand, can lose possession of the home within days. Both sides benefit from understanding the mechanics before a dispute hardens into a lawsuit.

Commercial leases play by different rules. They are governed far more by the written lease than by statute, and disputes over rent, personal guaranties, build-out obligations, and lease termination can reach into six figures quickly. Our firm handles both ends of that spectrum, with particular attention to the contract language that decides these cases.

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

The Andrew M. Schwartz Legal Team is a litigation-focused firm serving business owners, investors, and families across Palm Beach and Broward Counties. Founder Andrew M. Schwartz has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and has built his career around contract disputes, real estate litigation, and conflicts between co-owners. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of business and real estate experience in both state and federal courts.

A lease dispute is a contract dispute, and contract enforcement has been at the center of Mr. Schwartz’s practice throughout his career. That matters because these cases usually turn on exact wording and on the history between the parties. The firm’s real estate work also includes commercial and residential transactions, failed closings, purchase and sale disputes, and temporary and permanent injunctions, so a landlord or tenant who needs emergency relief or has a related title or ownership problem does not need a second firm.

The firm’s results reflect that focus. After a five-day bench trial in Broward County Circuit Court, the court entered a 32-page final judgment awarding our client specific performance of a commercial real estate contract. Clients also get a true team approach in which everyone working on a file knows its details, and a strict 24-hour return call policy when we are in court. Our attorneys are experienced in mediation and arbitration as well as litigation, and we look for the resolution that fits the client’s goals and budget. Through our outside general counsel program, we can also serve as a company’s registered agent and review leases before problems start.

Landlord and Tenant Disputes We Handle in South Florida

• Nonpayment of Rent: The most common residential eviction ground. Florida requires a written demand for payment or possession, and the tenant gets three days to pay or leave, not counting Saturdays, Sundays, and court-observed legal holidays.
• Lease Violations: Unauthorized occupants, pets, subletting, and property misuse. Some violations can be cured within seven days of notice; others, such as intentional destruction of property, allow termination without a chance to cure.
• Month-to-Month and Other Open-Ended Tenancies: A tenancy with no fixed end date can be terminated only by written notice delivered in the manner the statute requires, and defective notices are a frequent reason for dismissed cases.
• Commercial Lease Defaults: Unpaid rent, CAM charges, abandoned premises, and breaches of use clauses in retail, office, and industrial leases, often with personal guaranties attached.
• Tenant Claims Against Landlords: A tenant whose landlord materially fails to maintain the unit or comply with the lease may be able to terminate after giving written notice and allowing seven days to fix the problem.
• Security Deposit and Damage Disputes: Disagreements over what was normal wear, what was damage, and whether the landlord followed the statutory process for claims on the deposit.
• Landlord Liability and Injunctive Relief: Cases where a party needs a court order to stop a lockout, protect property, or preserve assets while the dispute is decided.
• Co-Owner and Investor Conflicts Over Rental Property: When owners of a rental building disagree about leasing, management, or rent proceeds, partition and accounting claims often follow.

What a Landlord or Tenant Should Do Once a Notice Arrives

Start by identifying what kind of notice you are holding, because the deadline depends on it. A three-day notice for unpaid rent is different from a seven-day notice to cure a lease violation, which is different from a seven-day notice of termination with no right to cure. For rent, the three-day count skips weekends and court-observed holidays only, and the clock starts at delivery, not at the date printed on the document. Gather the lease, every notice, rent ledgers, payment records, texts and emails, photographs, and move-in and move-out condition reports before doing anything else.

Landlords should be careful with money received after a notice is served. Accepting partial rent does not automatically waive the right to evict, but the landlord must then handle it correctly: give the tenant a dated receipt that states the amount received and the balance still owed, deposit the partial payment into the court registry when filing, or serve a fresh three-day notice for the reduced amount. Skipping that step is one of the easiest ways to hand a tenant a defense. Landlords should also avoid self-help such as changing locks or removing belongings; the lawful path to possession runs through the court.

Tenants who plan to fight should respond within the notice period and not assume that silence buys time. Paying the stated amount within the three days ends a nonpayment case. If the landlord is the one in breach, send written notice describing the problem; if the landlord does not fix a material failure within seven days, the lease may be terminable. Keep copies of everything and communicate in writing.

Where the case lands depends on the amount at stake and the type of claim. County courts hear civil claims up to a statutory ceiling, circuit courts hear larger claims, and small claims handle the smallest. In Palm Beach County, civil matters are heard through the Fifteenth Judicial Circuit, with the main courthouse in West Palm Beach and branch courthouses in places such as Delray Beach, Palm Beach Gardens, Royal Palm Beach, and Belle Glade. In Broward County, the Seventeenth Judicial Circuit hears cases at the Central Judicial Complex in Fort Lauderdale and at regional courthouses in Deerfield Beach, Hollywood, and Plantation. Large commercial lease disputes with significant dollars at stake may belong in circuit court, and Broward maintains a complex business division for certain large business matters.

Commercial Leases, Guaranties, and Contract Deadlines

When a commercial tenant stops paying, the landlord’s remedies are largely written into the lease: acceleration of rent, late charges, attorney fee provisions, re-letting obligations, and personal guaranties from the individuals behind the entity. A commercial landlord or tenant should read those provisions closely before sending any default notice, because a notice that does not track the lease can undercut the whole claim. Notice and cure periods, the definition of default, and which party must mitigate damages are all points that regularly decide cases.

Time limits also matter. A lawsuit on a contract founded on a written instrument, such as a written lease, generally must be filed within five years, while claims on oral or implied agreements carry a four-year period. Specific performance claims, which sometimes arise when a lease includes an option to purchase, carry a much shorter one-year period. A fraud claim runs four years from discovery, subject to an outer limit of 12 years. Waiting to see whether a dispute resolves itself can quietly consume that time.

Some lease disputes are really ownership disputes in disguise. If co-owners of a rental property cannot agree on how to manage or sell it, Florida’s partition statute lets a court divide the property or order it sold and the proceeds distributed. If the lease problem is tied to a business partner diverting rent or company funds, claims for an accounting and breach of fiduciary duty may be part of the same case, along with injunctive relief to stop money from being moved while the case is pending.

Questions Landlords and Tenants Ask About Florida Lease Disputes

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

Three days from delivery of the written demand, excluding Saturdays, Sundays, and court-observed legal holidays. If the tenant pays the full amount demanded within that window, the landlord cannot proceed with termination based on that notice.

Can a landlord evict without giving the tenant a chance to fix the problem?

For certain violations, yes. Intentional destruction or misuse of property, certain fraudulent entry, and repeated unreasonable disturbances are examples where the landlord may deliver a seven-day notice of termination without offering a cure period. For ordinary lease violations that can be corrected, the notice must give the tenant seven days to fix the problem.

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

The landlord does not give up the right to evict by accepting partial rent, but must follow one of three paths: provide a receipt showing the amount received and balance due, place the partial payment in the court registry when filing, or serve a new three-day notice for the reduced amount.

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

A tenancy with no specific end date must be ended by written notice delivered in the manner the statute prescribes. Informal texts or verbal statements are risky and can lead to a case being dismissed.

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

If the landlord materially fails to comply with the lease or the statutory maintenance obligations, the tenant can give written notice, and if the problem is not fixed within seven days, the tenant may terminate. The details of the notice matter, so tenants should document the defect first.

Do I need a lawyer for an eviction case?

Not every case requires one, but a lawyer is worth considering whenever there is a defective notice, a partial payment issue, a commercial lease, a large damages claim, or a personal guaranty. A procedural error can force a landlord to restart, and a tenant who misses a deadline can lose possession quickly.

Which court handles a lease dispute?

It depends on the dollar amount and the relief sought. Small claims, county civil court, and circuit court each have a monetary range, and circuit court hears claims above the county ceiling. In South Florida, those cases are heard in the Fifteenth Judicial Circuit for Palm Beach County and the Seventeenth Judicial Circuit for Broward County.

How long do I have to sue over a breached lease?

For a written lease, generally five years. For an oral or implied agreement, four years. Because different claims carry different deadlines, a dispute involving fraud, an option to purchase, or a related negligence claim should be reviewed promptly.

Can a landlord sue the guarantor of a commercial lease?

Yes, if the guaranty is valid and the tenant defaults. Guaranties often contain their own notice, waiver, and fee-shifting provisions, so the exact language controls how far the claim can go.

I own rental property in Florida but live in New York. Can your firm handle a tenant dispute for me?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut with property in South Florida. We handle the court filings and appearances locally and keep you informed throughout, including scheduled conference calls at times that work for you.

Can a landlord or tenant get emergency relief from a court?

In appropriate cases, yes. Courts can issue temporary and permanent injunctions to preserve property or stop certain conduct while a dispute is pending, though the party seeking relief must meet the legal standards and move quickly.

Serving Landlord and Tenant Clients Across Palm Beach and Broward Counties

We represent landlords and tenants throughout Palm Beach County, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Palm Beach Gardens, Jupiter, Wellington, Royal Palm Beach, Greenacres, Riviera Beach, and Belle Glade. In Broward County, we serve clients in Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, Plantation, Sunrise, Hollywood, Davie, Pembroke Pines, and neighboring communities.

Whether the property is a single-family rental, a multi-unit building, a retail storefront, or an office suite, the same principle applies: the case is decided by the lease, the notices, and the local court’s procedures. We also work with out-of-state owners and referring attorneys whose clients hold South Florida property and need local counsel.

Talk With a Florida Landlord Tenant Attorney Before the Deadline Passes

Notice periods in landlord-tenant disputes are short, and the first mistake is often the hardest to undo. The Andrew M. Schwartz Legal Team can review your lease, your notices, and your options, and tell you plainly whether the dispute is best resolved through negotiation, mediation, or litigation. If you need a Florida landlord tenant attorney in Palm Beach or Broward County, call our team to schedule a consultation.