Fort Lauderdale Landlord Tenant Attorney

A landlord-tenant dispute in Broward County usually starts with a piece of paper: a three-day notice taped to a door, a seven-day warning about a lease violation, or a letter from a tenant claiming the roof or the air conditioning was never fixed. What happens in the first week after that paper changes hands often decides the case. The Andrew M. Schwartz Legal Team handles business and real estate disputes for clients in Fort Lauderdale, Broward County, and Palm Beach County, and a Fort Lauderdale landlord tenant attorney from our firm can step in before a notice is served, after one arrives, or when a possession case is already on file.

Fort Lauderdale’s rental market is unusually mixed. Owners here lease single-family homes, condominium units, duplexes, small apartment buildings, retail bays, and office suites, and many of those owners live in New York, New Jersey, or Connecticut. The rules differ depending on whether the premises are residential or commercial, whether there is a written lease, and what the lease actually says about default, cure, and attorney’s fees. Getting those distinctions right at the start is what keeps a straightforward nonpayment case from turning into a counterclaim fight.

We represent landlords, property investors, and business tenants, and we approach each case the same way: read the lease, read the notice, find out what has already been done wrong or right, and decide whether the goal is possession, money, a negotiated exit, or a repaired relationship.

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

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Fort Lauderdale, West Palm Beach, Boca Raton, and the rest of Broward and Palm Beach Counties, along with clients from New York, New Jersey, and Connecticut who own property or operate businesses in South Florida. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. His career has centered on contract disputes, and a lease is a contract first: most landlord-tenant fights are won or lost on the wording of the agreement and the history of how the parties dealt with each other.

Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts. The two practice as a true legal team, which means everyone working on your matter knows the file and can answer when you call. The firm keeps a strict 24 hour return call policy when we are in court or otherwise unavailable.

On the real estate side, the firm has recent trial proof. After a 5-day bench trial in Broward County, the circuit court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That result reflects the kind of work landlord-tenant disputes with real money behind them require: building a record, presenting documents and testimony, and holding up on a written decision. Our attorneys also handle mediation and arbitration, and we look for the resolution that fits the client’s goals and budget rather than stretching a case out for its own sake. Out of state owners can rely on us to handle the local filings and court appearances so they do not need to travel for every hearing.

Common Landlord-Tenant Disputes We Handle in Fort Lauderdale

• Nonpayment of Rent: The most frequent residential claim. A landlord must deliver a written demand for payment or possession, and the tenant then has 3 days, not counting Saturdays, Sundays, or court-observed legal holidays, to pay or leave before the landlord can terminate and file for possession.
• Lease Violations Other Than Rent: Unauthorized occupants, pets, noise, or property misuse. Many of these are curable, so the notice must give the tenant 7 days to fix the problem or the tenancy will be terminated.
• Incurable Violations: Intentional destruction or damage to the landlord’s or other tenants’ property, or repeated unreasonable disturbances, can support a notice of intent to terminate with no cure period; the tenant then has 7 days from delivery of that notice to vacate.
• Landlord Failure to Maintain the Property: A tenant who sends written notice of a material failure to comply with the lease or the landlord’s statutory maintenance duties may terminate if the problem is not fixed within 7 days. Landlords who ignore these letters create their own exposure.
• Month-to-Month and Open-Ended Tenancies: When there is no fixed term, either side can end the tenancy by written notice delivered the way the statute requires. Defective notice is a common reason these cases get thrown back to square one.
• Commercial Lease Defaults: Retail, restaurant, medical, and office tenants in Broward County often face personal guarantees, percentage rent, common-area charges, and holdover provisions that make the case more of a contract dispute than a simple eviction.
• Partial Rent and Waiver Problems: Accepting a partial payment after serving a nonpayment notice can derail a case if handled incorrectly, though accepting partial rent does not by itself give up the landlord’s right to terminate or sue.
• Co-Owner and Family Landlord Conflicts: When siblings, former partners, or investors own the rental property together, disagreements about who collects rent, who evicts, and who pays for repairs can become their own lawsuit alongside the tenant case.

What to Do Right Now if a Notice Has Been Served or a Tenant Has Stopped Paying

Start by pulling together the lease, every amendment, the rent ledger, and every text, email, and letter exchanged about the problem. Courts in Broward County decide possession cases quickly, and the side that can put clean paper in front of the judge usually has the advantage. If you are a landlord, do not change locks, shut off utilities, or remove belongings. Florida treats self-help eviction as a violation of its own, and it hands a defaulting tenant a counterclaim.

Next, check the notice itself. A nonpayment notice must demand the rent or possession and give the correct three-day window, and a non-rent violation notice must state the cure period or the termination language the statute requires. A notice that miscounts the days, demands the wrong amount, or is delivered improperly can force a landlord to start over. If you have accepted any payment after posting the notice, tell your attorney immediately. The landlord must either give a written receipt stating the date, amount received, and the agreed balance, deposit the partial rent in the court registry when filing, or serve a fresh notice reflecting the new balance.

If you are a tenant who has received a notice, read it carefully for the deadline, then gather proof of what you paid and when, plus any written complaints you sent about repairs. Tenants who simply ignore a notice and a summons often lose by default.

On venue: possession and landlord-tenant cases in Broward County generally begin in the county court division of the Seventeenth Judicial Circuit, with the Central Judicial Complex in Fort Lauderdale handling a large share of civil matters and regional courthouses in Deerfield Beach, Hollywood, and Plantation serving other parts of the county. Claims above the county court threshold, and many commercial lease disputes with larger damages, are heard in circuit court. Smaller money claims may fall into small claims. Properties in Palm Beach County are handled through the Fifteenth Judicial Circuit, including the courthouse in West Palm Beach.

Expect the process to move in stages. A notice period runs first. If it expires without cure, the landlord files for possession and serves the tenant. The tenant then has a short deadline to respond, and the court may require rent to be paid into the court registry while the case is pending. Contested cases go to hearing or trial, and a judgment for possession is followed by a writ the sheriff executes. Money claims for unpaid rent, damages, and attorney’s fees can be pursued alongside or after possession.

How Commercial and Residential Cases Differ

The statutory notice rules discussed above govern residential tenancies. Commercial leases are different in a way that matters: the parties have much more freedom to write their own terms, so the lease controls far more of the outcome. A commercial lease may set its own default and cure periods, allow acceleration of future rent, require the tenant to pay the landlord’s attorney’s fees, and attach a personal guarantee that follows the business owner individually.

That freedom cuts both ways. A landlord who relies on an aggressive lease clause may find that a court reads it narrowly if the landlord’s own conduct, such as accepting late rent for months, suggested the deadline was not strictly enforced. A tenant who signed a personal guarantee without reading it can discover that closing the business does not end the obligation. These disputes turn on the lease’s precise wording and the course of dealing between the parties, which is the kind of detailed document work the firm has built its practice on.

Commercial cases also overlap with other claims. A restaurant tenant who stops paying may be fighting about a landlord’s failure to deliver the space, a co-tenancy clause, or a build-out allowance. A landlord may need emergency relief to stop a tenant from removing fixtures or equipment. We handle temporary and permanent injunctions, including early and emergency relief, when a property or business interest cannot wait for a final judgment.

Frequently Asked Questions About Landlord-Tenant Disputes in Fort Lauderdale

How long does a tenant have to pay after a nonpayment notice?

The tenant has 3 days after delivery of the written demand, excluding Saturdays, Sundays, and court-observed legal holidays. If rent is not paid within that window, the landlord may terminate the rental agreement and file for possession.

What is the difference between a curable and an incurable lease violation?

A curable violation gives the tenant 7 days from delivery of the notice to correct the problem before the landlord can terminate. An incurable violation, such as intentional destruction of property or a repeated unreasonable disturbance, allows a notice of intent to terminate with no chance to cure, and the tenant then has 7 days to vacate.

Can a landlord evict a tenant without going to court?

No. Even after a notice expires, the landlord must file for possession and obtain a judgment. Changing locks, removing doors, or cutting off utilities exposes the landlord to liability.

Does accepting partial rent ruin my eviction case?

Not automatically. Accepting partial rent does not waive the right to terminate or sue, but the landlord must handle it correctly: issue a receipt stating the date, amount, and balance due, place the partial payment in the court registry when filing, or serve a new notice reflecting the reduced balance.

Can a tenant leave if the landlord will not make repairs?

A tenant can terminate if the landlord materially fails to comply with the lease or the statutory maintenance duties and does not fix the problem within 7 days of receiving the tenant’s written notice. The notice must be in writing, and tenants who skip that step often lose the argument later.

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

A tenancy without a fixed duration can be ended by written notice delivered in the manner the statute provides. The length of the notice depends on the type of periodic tenancy, so confirm the correct period before serving anything.

Which court hears my landlord-tenant case in Broward County?

Possession cases typically go to the county court division of the Seventeenth Judicial Circuit. Higher-value claims, which for civil cases means amounts above the county court limit, go to circuit court, and small claims handles the lowest-dollar disputes. The right court depends on the type of claim and the amount at stake.

Can I recover back rent and attorney’s fees along with possession?

Often yes. A landlord can seek unpaid rent and damages in addition to possession, and many leases include an attorney’s fee provision. A written lease claim generally has a five-year limitations period, while claims not founded on a written instrument have four years.

What if the property is co-owned and the owners disagree about the tenant?

Co-owner disagreement can stall a case because it raises questions about who has authority to collect rent, sign a notice, or sue. In some situations the underlying dispute is better addressed through a partition action or a business dispute claim, and we can evaluate which path makes sense.

I live out of state. Do I have to attend every hearing?

Generally no. We handle local filings and court appearances and keep out of state owners informed at every stage. Your presence may be needed for testimony at a trial, but routine hearings do not require travel.

Is it worth hiring a lawyer for a single-unit rental dispute?

It often is when the notice is defective, the tenant has raised defenses or counterclaims, or the lease carries a fee provision. A procedural error can cost weeks of lost rent, and an attorney’s early review of the notice and lease is usually less expensive than restarting the process.

Can a landlord-tenant dispute be settled without a trial?

Many are. Negotiated move-out dates, payment plans, and agreed judgments are common, and our attorneys also handle mediation and arbitration when the lease calls for it or the parties prefer it.

Serving Landlord and Tenant Clients Throughout Fort Lauderdale and South Florida

Our work for landlords, investors, and business tenants starts in Fort Lauderdale and reaches across Broward County, from Las Olas and downtown to Victoria Park, Rio Vista, Coral Ridge, and the beach communities. We represent clients with rental property in Wilton Manors, Oakland Park, Pompano Beach, Lauderdale-by-the-Sea, and Deerfield Beach, as well as Hollywood, Dania Beach, Hallandale Beach, Davie, Plantation, Sunrise, Tamarac, Coral Springs, Parkland, and Pembroke Pines.

The firm also serves Palm Beach County, including West Palm Beach, Boca Raton, Delray Beach, and Boynton Beach, and appears in the state and federal courts that sit in Fort Lauderdale and West Palm Beach. Clients from New York, New Jersey, and Connecticut who own rental units, retail space, or investment property anywhere in South Florida can work with us without traveling for routine proceedings.

Talk With a Fort Lauderdale Landlord Tenant Lawyer Before the Deadline Runs

Notice periods in Florida are measured in days, and a mistake at the start can be expensive to fix. If you are a landlord holding a lease you need enforced, a tenant who has received a termination notice, or an owner with a commercial space in dispute, the Andrew M. Schwartz Legal Team can review your documents and explain your options. Call to schedule a consultation with a Fort Lauderdale landlord tenant lawyer who will read the lease before giving you an answer.