Palm Beach Gardens Landlord Tenant Attorney

Florida’s residential eviction process moves on a clock measured in days, and a single defective notice can send a landlord back to the beginning while the unpaid rent keeps stacking up. Tenants face the mirror image of that problem: a notice with a short deadline, a court filing, and very little time to respond. The Andrew M. Schwartz Legal Team handles business and real estate litigation, including commercial and residential landlord and tenant matters, for clients in Palm Beach Gardens, throughout Palm Beach County, and across Broward County.

Looking for a Palm Beach Gardens landlord tenant attorney usually means something has already gone wrong: rent has stopped, a lease is being breached, a property is being damaged, or a landlord has done something a tenant believes the lease and Florida law do not allow. What matters in these disputes is the paper trail. The lease, the notice, the date it was delivered, and how the rent was accepted or refused can decide the case before anyone reaches a courtroom.

Landlord and tenant disputes also tend to sit alongside larger problems. A commercial lease default can threaten an operating business. A tenant who stops paying may be one of several co-owners disputing control of the building. A rental property may be tied up in a partnership breakup. Because this firm litigates business and real estate disputes as its core work, these connected issues get treated as one problem rather than separate files.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida real estate and business disputes, serving Palm Beach Gardens and the rest of Palm Beach County along with Broward County. 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. 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 practices as a true legal team, meaning everyone working on a matter knows the file. That matters in a landlord tenant case, where a notice deadline or hearing date can arrive while one attorney is in court. The firm keeps a strict 24 hour return call policy, and clients are not left waiting for answers while a three-day or seven-day clock runs.

The firm’s litigation record includes a five-day bench trial in Broward County Circuit Court that ended in a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That kind of record, built on detailed contract and property work in front of a judge, is what a lease dispute with real money behind it calls for. Our attorneys are also experienced in mediation and arbitration, and we look for the result that fits the client’s goals and budget instead of stretching a case out for its own sake. Many clients are property owners and investors who live outside Florida, including in New York, New Jersey, and Connecticut; we handle the local court appearances so they do not have to travel for every hearing.

Common Landlord and Tenant Disputes We Handle in Palm Beach Gardens

• Nonpayment of Rent: When rent goes unpaid, Florida requires a written demand for payment or possession, and the tenant has three days, not counting weekends and court-observed holidays, to pay or leave before the landlord can terminate. Errors in how the notice is written or delivered are a frequent reason these cases stall.
• Lease Violations Other Than Rent: Unauthorized occupants, pets, subletting, or property misuse often call for a notice giving the tenant seven days to correct the problem. Some conduct, such as intentional destruction of property or a repeated unreasonable disturbance, allows a notice with no chance to cure.
• Partial Rent Payments: Accepting part of the rent after serving a nonpayment notice can undermine the eviction if handled wrong. A landlord must issue a receipt noting the balance, deposit the partial payment with the court registry when filing, or serve a new notice reflecting the revised amount.
• Commercial Lease Defaults: Retail, office, and warehouse tenants in the Palm Beach Gardens area deal with personal guarantees, common area charges, and default clauses that call for close reading of the lease and the parties’ course of dealing.
• Landlord Failure to Maintain the Premises: A tenant whose landlord materially fails to meet maintenance obligations under the lease or the statute may give written notice, and if the problem is not fixed within seven days the tenant may terminate the rental agreement.
• Month-to-Month and Open-Ended Tenancies: A tenancy without a fixed term ends only through proper written notice delivered as the statute requires, and getting that notice wrong can invalidate a landlord’s attempt to regain possession.
• Disputes Tied to Co-Ownership or Business Breakups: Rental property owned by former partners or siblings often produces fights over who may collect rent, evict a tenant, or sell, sometimes requiring injunctive relief or a partition action.
• Unpaid Rent and Damage Claims: Beyond possession, landlords pursue money judgments for unpaid rent, damage, and lease balances, while tenants may assert claims for wrongful retention of deposits or breach of the lease.

What to Do When a Rental Dispute Has Already Started

Start with the lease and every notice that has passed between the parties. The date and manner of delivery are not details; under Florida’s statute they determine whether a deadline has begun to run at all. A landlord who has served a notice should confirm it was delivered in a way the statute allows, that it states the required language, and that the deadline was calculated correctly. A tenant who has received one should read it for the same reasons and should not assume it is valid simply because it arrived.

The clock matters on both sides. For nonpayment, the three-day period excludes Saturdays, Sundays, and court-observed legal holidays only. For other violations that can be cured, the notice gives seven days to fix the problem, and a landlord can terminate if it is not corrected. For violations that cannot be cured, or that repeat within twelve months of a written warning, the landlord may deliver a notice of intent to terminate with seven days to vacate. A tenant who ignores a notice in the hope it will go away may find a possession case filed within days.

Gather everything in writing: the lease and any amendments, payment records, texts and emails, photographs of the property’s condition, receipts for repairs, and a log of every conversation about rent or maintenance. Do not accept or refuse partial rent without thinking through the consequences, and do not change locks, remove belongings, or shut off utilities on your own. Self-help of that kind exposes a landlord to claims rather than solving the problem.

Where the case is filed depends on what is at stake. Palm Beach County disputes are heard in the Fifteenth Judicial Circuit, and a North County Courthouse in Palm Beach Gardens serves the area, with the main courthouse in West Palm Beach. County civil court generally handles claims up to the limit set for that court, small claims remain in the lowest tier, and larger disputes belong in circuit court. Broward County cases fall under the Seventeenth Judicial Circuit, which also operates a complex business division that can matter when a lease dispute is bound up with a larger business conflict. When a dispute reaches the federal level, the Southern District of Florida covers both counties.

Talk to a Palm Beach Gardens landlord tenant lawyer before filing or responding, not after. Fixing a defective notice early is cheap; fixing it after a judge has dismissed the case costs weeks and fees.

When a Lease Dispute Is Really a Business or Ownership Problem

A good number of the rental disputes that reach this firm are not purely about a tenant and a landlord. A building may be owned by an LLC whose members cannot agree on how to manage it. Two siblings may have inherited a rental property and disagree about whether to sell. A former business partner may be collecting rent from a tenant while refusing to share it. In those situations the eviction or lease claim is only the visible symptom.

When the real conflict is between owners, the remedies shift. Florida law allows an owner to ask a court to partition jointly held real estate, either by dividing it or by ordering it sold and splitting the proceeds. Where co-owners hold property through an LLC, Florida’s statute allows judicial dissolution on grounds that include deadlock between managers or members with irreparable injury, misappropriated or wasted assets, or the impracticability of operating under the operating agreement. A court may also appoint a receiver or custodian after a hearing, which can matter when rent is being diverted.

Disputes over money flowing from rental property raise their own claims: an accounting, breach of fiduciary duty, and recovery of diverted funds. When assets are at risk of being moved or spent, the firm seeks temporary or permanent injunctive relief to hold things in place while the case proceeds. Contract claims on a written lease generally carry a five-year limitations period in Florida, while oral or implied agreements are shorter at four, so delay can quietly cost a landlord or tenant a claim. Outside general counsel services also help property owners get their lease forms, notice practices, and compliance in order before a dispute begins.

Palm Beach Gardens Landlord Tenant Questions, Answered

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

It depends on the reason. For unpaid rent, the tenant gets three days, excluding weekends and court-observed holidays, after a written demand for payment or possession. For a curable lease violation, the notice gives seven days to correct it. For violations that cannot be cured, or that repeat within twelve months of a written warning, the landlord can deliver a seven-day notice of intent to terminate.

Does a landlord waive the right to evict by taking partial rent?

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

What counts as a violation that cannot be cured?

Florida’s statute includes intentional destruction, damage, or misuse of the landlord’s or other tenants’ property, fraudulent entry of a dwelling unit, and a subsequent or continued unreasonable disturbance. In those situations the landlord can send a notice with seven days to vacate and no opportunity to correct.

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

Potentially. If a landlord materially fails to meet maintenance obligations under the statute or the lease, the tenant can send written notice. If the failure continues for seven days after that notice, the tenant may terminate the rental agreement. The details of the lease and the nature of the problem matter, so review them before withholding rent or moving out.

How is a month-to-month tenancy ended?

A tenancy with no fixed duration ends through written notice delivered in the manner Florida law prescribes. Informal conversations or texts alone may not satisfy the statute, which is why a notice that looks fine on its face can still fail in court.

Which court hears a landlord tenant case in Palm Beach County?

Possession and smaller money claims are generally heard in county civil court, and disputes above the county court limit belong in circuit court. The Fifteenth Judicial Circuit serves Palm Beach County, and a courthouse in Palm Beach Gardens serves the north county area.

Do I need a lawyer for a small landlord tenant dispute?

Not always, but the answer changes quickly if a notice was defective, the lease contains a personal guarantee, the property has multiple owners, or the other side has counsel. A short consultation can tell you whether the notice was valid and what it will cost to proceed, which is often less than the cost of correcting a mistake.

What if my commercial tenant stopped paying and is a business partner or family member?

Those relationships complicate the case without removing the tenant’s obligations. Written leases are enforceable, and a related-party tenant can still be in default. The firm handles these disputes with the discretion family and business relationships require while still protecting your financial position.

Can a landlord or tenant who lives out of state handle a Palm Beach Gardens dispute from home?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with property or business interests in South Florida, handle the local appearances, and keep clients informed so they can avoid traveling for every hearing.

How long does the time limit run on a lease claim?

For a claim founded on a written lease, Florida generally allows five years. A claim based on an oral or implied agreement has a shorter four-year period. These periods can be affected by when the claim accrued, so do not wait to find out whether yours is still open.

Can a dispute with a tenant be resolved without a trial?

Often, yes. Negotiation, mediation, and arbitration resolve many lease disputes, especially commercial ones where both sides want to avoid a prolonged fight. The firm is experienced in alternative dispute resolution and pursues the path most likely to meet your goals efficiently.

Serving Landlords and Tenants Across Palm Beach Gardens and Palm Beach County

The Andrew M. Schwartz Legal Team represents landlords, tenants, and property owners in Palm Beach Gardens, including the commercial corridors along PGA Boulevard and the residential communities spread across the northern part of the county. From Palm Beach Gardens we serve clients in neighboring Juno Beach, Jupiter, Tequesta, and North Palm Beach, and further south in Riviera Beach, Lake Park, and West Palm Beach. Our work extends through Royal Palm Beach, Wellington, Lake Worth Beach, Boynton Beach, Delray Beach, and Boca Raton, covering rental property owners and tenants throughout Palm Beach County.

We also serve Broward County clients, including those in Fort Lauderdale, Deerfield Beach, Coral Springs, Pompano Beach, Hollywood, and Plantation, and we represent out-of-state owners with rental property or business premises anywhere in these communities. Whether a dispute involves a single-family rental, a multi-unit building, or a commercial space, the firm treats the lease, the notices, and the ownership structure behind the property as one connected picture.

Speak With a Palm Beach Gardens Landlord Tenant Lawyer Today

If a notice has been served, a payment has been missed, or a lease dispute is heading toward a courtroom, speaking with a Palm Beach Gardens landlord tenant lawyer early gives you the best chance to protect your position. The Andrew M. Schwartz Legal Team has litigated business and real estate disputes across South Florida for decades, and we will look at the lease, the notices, and the larger ownership picture before recommending a path. Call us to schedule a consultation and learn where your case stands.