Greenacres Landlord Tenant Attorney

A tenant stops paying, a landlord changes the locks, or a lease ends and nobody agrees on who owes what. Disputes like these move fast in Palm Beach County, and the first notice a party sends or receives often decides how the rest of the case goes. The Andrew M. Schwartz Legal Team handles business and real estate litigation for landlords, tenants, investors, and property owners in Greenacres and throughout Palm Beach and Broward Counties, and our work includes the landlord and tenant matters that arise from residential and commercial properties.

If you are looking for a Greenacres landlord tenant attorney, the first thing to know is that Florida’s landlord-tenant process is notice-driven. A defective notice can force a landlord to start over, and a tenant who misses a deadline can lose the chance to be heard on a defense. Courts here apply the written notice requirements strictly, so what happens in the first week usually matters more than anything that follows.

Greenacres sits in the middle of a county with a high volume of rental housing, small retail strips, and investor-owned property. That mix produces everything from a missed month of rent on a single apartment to a commercial lease default that threatens a business. Our attorneys are comfortable on both sides of that spectrum.

How a Florida Eviction Actually Unfolds

Nonpayment of rent is the most common starting point. Under Florida’s residential landlord-tenant statute, a landlord who wants to terminate for unpaid rent must deliver a written demand for payment or possession. The tenant then has three days, not counting Saturdays, Sundays, or court-observed legal holidays, to pay or leave. Only after that period runs can the landlord file for possession.

Partial payments cause more trouble than most landlords expect. Accepting part of the rent after serving the notice does not automatically waive the right to evict, but the landlord must handle it correctly. That means giving the tenant a receipt showing the date, the amount received, and the balance due, placing the partial payment in the court registry when filing, or serving a fresh three-day notice for the new amount. Skip that step and the tenant has an argument that the notice no longer controls.

Lease violations other than rent follow a different path. When the problem can be fixed, such as an unauthorized pet or unapproved occupant, the landlord’s notice must give the tenant seven days to correct it, and the notice must say termination will follow if the tenant does not. When the violation cannot be cured, or the same problem recurs within twelve months of a written warning, the landlord may instead deliver a notice of intent to terminate that gives the tenant seven days to vacate. Intentional damage to property and repeated unreasonable disturbances are examples of conduct that can fall into this category.

Tenants have their own remedy. If a landlord materially fails to maintain the premises or comply with the lease, the tenant can send written notice, and if the problem is not fixed within seven days the tenant may terminate the rental agreement. Month-to-month and other tenancies without a fixed term can generally be ended by written notice given in the manner the statute requires.

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

The Andrew M. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around contract disputes and conflicts between owners, partners, and counterparties. Landlord-tenant cases are contract cases at their core, and that background shows up in how we read leases, notices, and the history between the parties.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. The firm works as a true legal team, so everyone on a matter knows the file and can answer when you call. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable.

The firm’s real estate practice covers commercial and residential transactions and litigation, including failed closings, purchase and sale contract disputes, and landlord and tenant matters. That breadth matters when a lease dispute is tangled up with something larger. In a recent matter, after a five-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. We bring that same level of preparation to lease disputes, whatever their size.

Our attorneys are also experienced in mediation and arbitration. Many lease disputes resolve faster and cheaper through a negotiated move-out, a payment plan, or a settlement of a security deposit claim than through a contested hearing, and we pursue the outcome that serves the client’s goals and budget.

Common Landlord and Tenant Disputes We Handle

• Nonpayment Evictions: Three-day notices, partial payment complications, and possession actions against residential tenants who have fallen behind.
• Lease Violation Terminations: Seven-day cure notices and non-curable violation notices for unauthorized occupants, property damage, or repeated disturbances.
• Commercial Lease Defaults: Retail, office, and warehouse tenants who stop paying rent or abandon space, and landlords who lock out or otherwise interfere with a business tenant’s operations.
• Tenant Claims Against Landlords: Failure to maintain the premises, retaliation, improper entry, and wrongful lockouts, including the seven-day written notice process for terminating over material noncompliance.
• Security Deposit Disputes: Disagreements over what was deducted, what was returned, and whether the required notices were handled properly on either side.
• Unpaid Rent and Damage Claims: Money judgments against former tenants, and defenses for tenants who believe the amount claimed is overstated.
• Co-Owned Rental Property: Disputes between partners, siblings, or investors who share ownership of a rental, including accounting for rent collected and, where necessary, partition of the property.
• Emergency Relief: Injunctions to stop a lockout, protect property, or prevent the removal of assets while a dispute is pending.

What to Do Right Now If You Are Facing a Lease Dispute

Start with the paperwork. Gather the lease and any amendments, every notice sent or received, rent ledgers, text messages and emails about the dispute, and photographs of the property. The dates on these documents are what a court will examine first.

Do not ignore a notice. A tenant who receives a three-day or seven-day notice and does nothing gives the landlord a clear path to filing. A landlord who skips the statutory notice or serves it incorrectly may have to start over, losing weeks. In both cases, a short consultation before the deadline runs is worth far more than one after.

Landlords should resist self-help. Changing locks, removing a tenant’s belongings, or shutting off utilities to force someone out is not a shortcut, and it can expose the landlord to liability. The lawful route is a notice followed, if needed, by a court action for possession.

Where the case is filed depends on the claim. Possession actions and money claims within the county court limit are heard in the county court, which in Palm Beach County sits in the main courthouse in West Palm Beach, with branch courthouses around the county. Claims in the small claims range are handled in a simplified process. Larger claims, and disputes involving complex commercial leases, equitable relief, or ownership questions, go to the Fifteenth Judicial Circuit’s circuit court. For properties across the line in Broward County, the Seventeenth Judicial Circuit and the county’s regional courthouses come into play, and commercial matters with a federal angle can reach the United States District Court for the Southern District of Florida.

Be careful about timing on the money side. A claim based on a written lease generally has a five-year limitations period, while a claim on an oral or implied agreement has four years. Those periods are long, but evidence and witnesses do not last as long as the statute does.

Commercial Leases and Co-Owned Property

Commercial landlord-tenant disputes look different from residential ones. The lease usually controls almost everything, including default definitions, cure periods, personal guaranties, and remedies, and the statutory residential protections do not apply the same way. A restaurant owner locked out over a disputed charge, or a landlord left with an abandoned storefront and unpaid rent, needs someone who reads the lease closely and acts quickly.

Ownership disputes often sit underneath a rental dispute. When co-owners cannot agree on whether to rent, sell, or keep a property, Florida law lets an owner ask the court for partition, either dividing the property or ordering a sale and splitting the proceeds. Title questions can be resolved through a quiet title action. Our firm handles both, which means a dispute that begins as a tenant problem can be addressed alongside the ownership problem behind it.

Greenacres Landlord Tenant Questions Answered

How long does a tenant have to respond to a nonpayment notice?

Three days, excluding Saturdays, Sundays, and court-observed legal holidays, counted from delivery of the written demand. If the tenant neither pays nor leaves in that window, the landlord may move forward with filing.

Can a landlord evict a tenant without going to court?

No. Even after a notice period expires, a landlord needs a court order for possession. Lockouts, removing belongings, or cutting off utilities can create liability for the landlord.

What happens if a landlord accepts partial rent after serving a notice?

Accepting partial rent does not by itself waive the right to terminate or sue, but the landlord must handle it properly: issue a receipt with the date, amount, and balance due, deposit the partial payment with the court when filing, or serve a new three-day notice for the revised amount.

How much time does a tenant get for a lease violation that is not about rent?

If the violation can be fixed, the notice must give seven days to correct it. If it cannot be cured, or it repeats within twelve months of a written warning, the landlord can serve a notice giving seven days to vacate.

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

A tenant can send written notice of the problem. If the landlord materially fails to comply and does not fix it within seven days, the tenant may terminate the rental agreement. The notice should be in writing and kept with a record of delivery.

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

A tenancy without a set duration ends by written notice delivered in the manner the statute requires. The required notice period depends on how rent is paid, so confirm the details before sending anything.

Should I go to county court or circuit court?

It depends on the amount and the relief sought. County court handles claims up to the county court limit, which is adjusted periodically, and small claims handle the lowest tier. Larger disputes and those seeking injunctions or resolving ownership issues belong in circuit court.

My business tenant stopped paying and left. What can I recover?

Possibly unpaid rent, damages under the lease, and amounts owed under any personal guaranty, subject to what the lease says and the landlord’s duty in the circumstances. These claims turn on lease language and documentation, which is why we start with the signed agreement.

Can a landlord and tenant resolve a dispute without a hearing?

Often, yes. Negotiated move-out agreements, payment plans, and mediated settlements are common, and they can save both sides time and legal fees. We pursue them where they serve the client.

I live in New York or New Jersey and own a rental in Palm Beach County. Can you handle the case?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut who own property or business interests in South Florida. We handle the local court appearances and keep you informed so you do not have to travel for every hearing.

Do you work with other attorneys on landlord and tenant matters?

Yes. A significant part of our practice comes from referrals by other lawyers, including out of state attorneys whose clients have Florida disputes and Florida attorneys who do not handle business litigation.

Landlord and Tenant Representation Across Greenacres and Palm Beach County

We represent landlords, tenants, and property owners in Greenacres and the surrounding Palm Beach County communities, including Lake Worth Beach, Lantana, Atlantis, Palm Springs, Wellington, Royal Palm Beach, Boynton Beach, Delray Beach, and Boca Raton. Our work extends north through West Palm Beach, Palm Beach Gardens, Jupiter, and Riviera Beach, and west toward Belle Glade and the Glades communities.

Our service area also includes Broward County, with clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, and neighboring communities. Whether the property is a single-family rental in Greenacres, a retail space in Palm Beach County, or an investment property across the county line, our attorneys handle the dispute in the court where it belongs.

Speak With a Greenacres Landlord Tenant Lawyer Before Your Deadline Runs

Notice deadlines in Florida are short, and the choices made in the first few days of a lease dispute tend to shape the outcome. If you need a Greenacres landlord tenant lawyer to review a notice, plan an eviction, or respond to a landlord’s claim, the Andrew M. Schwartz Legal Team is ready to talk through your situation. Call our office today to schedule a consultation.