Lantana Landlord Tenant Attorney

Whether you own a rental property near Lantana or lease a home or storefront there, the choices you make in the first week of a lease dispute tend to decide how the whole matter goes. The Andrew M. Schwartz Legal Team handles landlord tenant disputes, along with the broader business and real estate litigation that often sits behind them, for clients in Lantana, Palm Beach County, Broward County, and across South Florida. If you are searching for a Lantana landlord tenant attorney, the most useful thing to know early is that Florida’s landlord tenant rules run on tight, mechanical notice requirements, and a single defective notice can erase weeks of progress.

Landlords and tenants usually come to this subject from opposite directions, but the same questions drive both sides. Was the right notice served, in the right form, on the right day? Did anyone accept money after the notice went out? Is the property residential or commercial, and does the lease say something different from what the statute says? Many Lantana disputes also involve more than one rental unit, an investor with several tenants, or a lease that is really a piece of a larger business relationship, which is where our background in business and real estate litigation becomes relevant.

Landlord tenant cases are also not all the same animal. A residential eviction for unpaid rent moves on a short fuse. A commercial lease default can involve guaranties, personal liability, and large sums. A dispute with a co-owner over who controls a rental property is a different problem altogether, and treating it as an eviction wastes time. Part of our job is sorting out which kind of problem you actually have before anyone files anything.

Why Choose the Andrew M. Schwartz Legal Team for a Lantana Rental Dispute

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Lantana and the rest of Palm Beach County and Broward County, with clients as well from New York, New Jersey, and Connecticut who own rental property or business space in South Florida. Founder Andrew M. He holds an undergraduate degree from Emory University (1986) and a law degree from the University of Miami (1989). Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in state and federal courts.

The firm practices as a true legal team, meaning everyone working on your 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. For landlords and tenants, that matters because deadlines in this area are counted in days, and a question left unanswered over a weekend can turn into a missed notice period.

Our real estate practice covers commercial and residential transactions and litigation, including failed closings, purchase and sale contract disputes, and landlord and tenant matters. In one recent matter, after a 5-day bench trial, a Broward County circuit court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. That kind of trial work, built around the exact wording of an agreement and the history between the parties, is the same discipline we bring to a lease dispute. We are also experienced in mediation and arbitration, and we look for the result that fits your goals and budget rather than stretching a case out for its own sake. For out of state owners, we handle the local court appearances so you do not have to travel for each hearing.

Landlord Tenant Disputes We Handle Around Lantana

• Nonpayment of Rent: The most common residential case. The landlord serves a written demand for payment or possession, and the tenant has 3 days, not counting Saturdays, Sundays, or court-observed legal holidays, to pay or leave before the landlord can terminate the tenancy.
• Curable Lease Violations: Unauthorized occupants, pets, or other breaches that can be fixed. The landlord’s notice must give the tenant 7 days from delivery to correct the problem before the lease can be terminated.
• Incurable Violations: Intentional destruction or misuse of property, fraudulent entry into a unit, or repeated unreasonable disturbances can support a notice of intent to terminate with no chance to cure, leaving the tenant 7 days from delivery to vacate.
• Tenant Claims for Landlord Neglect: When a landlord materially fails to meet its maintenance obligations or the lease terms, a tenant who gives written notice and waits out 7 days may be able to terminate the rental agreement.
• Month-to-Month and Open-Ended Tenancies: A tenancy with no set duration can be ended by written notice delivered in the manner the statute prescribes, and mistakes in delivery are a frequent reason these cases stall.
• Commercial Lease Defaults: Retail, office, and warehouse tenants and landlords in the Lantana area face disputes over rent, common area charges, guaranties, and early termination that turn on the lease language rather than the residential statute.
• Partial Rent Acceptance: Taking part of the rent after a notice has been posted creates traps for landlords, and tenants who tender a partial payment often misunderstand what it does and does not accomplish.
• Co-Owner and Property Disputes: When the real fight is between owners of a rental property, the answer may be a partition action or a business divorce rather than an eviction.

What to Do in the First Days of a Lease Dispute

Start with the paper. Whether you are a landlord or a tenant, gather the signed lease, any addenda, every notice that has been sent or received, payment records, and the texts and emails that show what each side said. Note the date and method of delivery of every notice, because the deadlines in this area run from delivery, and the method often decides whether the notice counts at all.

If you are a landlord, do not accept money casually once a notice has gone out. Under Florida’s rules, if you accept partial rent after posting a nonpayment notice, you must either give the tenant a receipt stating the date, the amount received, the agreed date for the balance, and the amount still owed, place the partial payment in the court registry when you file for possession, or post a fresh 3-day notice reflecting the new amount. Done properly, accepting partial rent for the period does not waive your right to terminate or to sue. Done carelessly, it hands the tenant a defense. Do not change locks, remove belongings, or shut off utilities to speed things along; self-help of that kind exposes landlords to claims and is not a substitute for a court order.

If you are a tenant, read every notice carefully for what it actually demands and the date it was delivered. A 3-day nonpayment notice and a 7-day cure notice are different documents with different consequences, and a notice that misstates the amount or the deadline may be defective. If you need repairs, put the request in writing; the right to terminate for a landlord’s material noncompliance depends on written notice and a 7-day wait. Do not ignore a summons. Missing a response deadline in an eviction case can lead to a default and a loss of possession that is hard to reverse.

On the court side, Lantana sits in Palm Beach County, which is covered by the Fifteenth Judicial Circuit. Landlord tenant filings are handled through the county’s civil courts, and the Palm Beach County Clerk’s main courthouse sits in West Palm Beach, with a South County courthouse in Delray Beach. Which court hears your case depends on the amount in controversy and the type of relief sought; claims up to the small claims limit are handled differently from larger county court disputes, and larger claims go to circuit court. Because the dollar thresholds are adjusted periodically, we confirm the right forum for your particular claim before filing rather than guessing.

When a Rental Dispute Is Really an Ownership Dispute

Some of the hardest rental cases are not between a landlord and a tenant at all. A property may be owned by former business partners, siblings who inherited it, or an investment group, and one owner may be collecting rent, keeping it, or refusing to sell. Those facts call for different tools. Florida law allows a co-owner to ask a court for partition, either dividing the property or, when division is impractical, ordering a sale with the proceeds split in proportion to each owner’s interest. Court-appointed commissioners typically evaluate whether the land can be divided fairly, and a sale can be ordered when it cannot. Where the property was inherited, a separate statute for heirs property can change how partition proceeds, and it gives family cotenants additional protections.

When the rental sits inside an LLC or corporation, the remedy may lie in company law. A court can dissolve an LLC when managers or members are deadlocked and irreparable injury threatens the company, or when assets are being misappropriated or wasted, and it can appoint a receiver or custodian after a hearing. For corporations, shareholders have parallel remedies, including a buyout election at fair value that can avoid dissolution. If someone is diverting rent or moving company funds, we can pursue an accounting, claims for breach of fiduciary duty, and emergency injunctive relief to freeze the problem while the case is pending.

Lantana Landlord Tenant Questions Answered

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

The landlord must deliver a written demand for payment or possession and wait 3 days, excluding Saturdays, Sundays, and court-observed legal holidays, before the tenancy can be terminated for nonpayment. Only after that period passes without payment can the landlord move forward with filing.

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

A curable violation, such as an unauthorized pet or occupant, gives the tenant 7 days from delivery of the notice to fix the problem. An incurable violation, such as intentional destruction of property, can support a notice of intent to terminate that gives the tenant 7 days to leave without a chance to cure.

Can a tenant stop paying rent when a landlord will not make repairs?

Not safely on their own. Florida’s remedy generally begins with written notice to the landlord, and if the landlord materially fails to comply within 7 days, the tenant may terminate the rental agreement. Withholding rent without following the statute can give the landlord grounds to evict.

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

Accepting partial rent does not by itself waive the right to terminate or sue, but the landlord has to handle it correctly. Options include giving a written receipt with the date, amount, agreed balance date, and balance due, depositing the partial payment in the court registry when filing, or serving a new 3-day notice for the reduced amount.

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

A tenancy without a fixed term is ended by written notice delivered in the manner the statute prescribes. The method of delivery matters as much as the content, so the notice should be prepared carefully.

Is a commercial tenant protected by the same rules as a residential tenant?

No. The residential landlord tenant statute is built around dwellings, while commercial leases are governed largely by what the lease itself says. Default, cure, acceleration, and guaranty provisions in a commercial lease often decide the outcome.

Can I handle an eviction myself, or is a lawyer worth it?

Simple, uncontested cases are sometimes handled without counsel, but a defective notice, a partial payment mishap, or a tenant’s counterclaim can derail a case and cost more than the legal fees. For commercial properties, multiple units, or any case involving substantial money, having a litigator involved early is usually the sensible choice.

How long do I have to sue over a lease dispute in Florida?

For a claim founded on a written lease, the limitations period is five years. A claim on an oral or implied agreement has four years. Eviction itself moves on far shorter notice and filing timelines, so the long limitations period is no reason to wait.

I live in New York or New Jersey and own a rental near Lantana. Can you handle a dispute for me?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut with property in Palm Beach County and Broward County. We handle the local court appearances and keep you informed so you do not need to travel for every hearing.

What if my co-owner is collecting the rent and keeping it?

That is a money dispute between owners, not a landlord tenant case. Depending on the facts, remedies can include an accounting, a claim for breach of fiduciary duty, recovery of the funds, and an injunction to stop assets from being moved. If the owners cannot continue together, partition may be the answer.

Do you take referrals from other attorneys on landlord tenant matters?

Yes. A significant part of our practice comes from other lawyers, including out of state attorneys whose clients have Florida disputes and Florida attorneys who do not handle business litigation. We keep referring counsel informed and respect their relationship with the client.

Serving Lantana Landlords and Tenants Across Palm Beach County and Broward County

We work with clients in Lantana and the surrounding Palm Beach County communities, including Lake Worth Beach, Hypoluxo, Manalapan, Boynton Beach, Greenacres, Atlantis, Palm Springs, Delray Beach, Boca Raton, West Palm Beach, Wellington, Royal Palm Beach, and Palm Beach Gardens. Landlord tenant disputes in these communities range from single-family rentals and small multi-unit buildings to commercial storefronts and office space.

Our work extends south into Broward County, where we represent landlords, tenants, and co-owners in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Hollywood, Plantation, and neighboring cities. Because many of our clients live in New York, New Jersey, or Connecticut and own rental property or business space in South Florida, we handle the local proceedings from start to finish and provide regular updates by phone and scheduled conference calls.

Talk With a Lantana Landlord Tenant Lawyer Before the Deadline Runs

The notice periods in Florida rental disputes are short, and the mistakes that cost the most usually happen before a case is even filed. If you are weighing a notice, responding to one, or trying to untangle a rental that has become a dispute between owners, call the Andrew M. Schwartz Legal Team to talk it through with a Lantana landlord tenant lawyer who knows how these cases are decided in Palm Beach County and Broward County courts. We will review your lease and paperwork, tell you plainly where you stand, and recommend the path most likely to reach your goal at a cost that makes sense.