Royal Palm Beach Landlord Tenant Attorney

A tenant stops paying in the middle of a lease, or a landlord changes the locks without proper notice, and within days both sides are racing against notice periods that Florida law sets down to the day. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and tenants across Palm Beach County and Broward County, and a Royal Palm Beach landlord tenant attorney from our team can step in before a notice goes out wrong or a case gets filed in the wrong posture.

Most landlord-tenant fights in Royal Palm Beach are decided by paperwork long before a judge sees them. A three-day notice that miscounts the days, a seven-day notice that never states the cure language, or a partial rent payment accepted without the right follow-up can sink an otherwise strong eviction case or hand a tenant a defense. The sections below cover how those notices work, where disputes in this market tend to arise, and what to do in the first days of a conflict.

Our work in this area is not limited to a single-family rental or a duplex. Many of our clients own commercial space, investment property, or shared real estate with partners, and their lease disputes are tangled up with larger questions about contracts, money, and ownership. That broader view is often what separates a clean resolution from a drawn-out fight.

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 clients in Royal Palm Beach, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County. Founder Andrew M. Schwartz has spent 37 years in litigation, was admitted to The Florida Bar in 1989, and earned his undergraduate degree from Emory University in 1986 and his law degree from 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.

Lease disputes rarely stay simple. A commercial tenant who stops paying may also be a business partner, a guarantor, or a co-owner of the building. A residential landlord may be one of several siblings who inherited the property. Because our practice centers on contract litigation, business divorce, partition, title disputes, and real estate litigation, we see the whole picture rather than just the notice on the door. We also handle failed closings, purchase and sale disputes, and landlord and tenant matters as part of our real estate practice, and when a client needs fast court intervention to protect property or assets, we are experienced in temporary and permanent injunctions.

The firm works as a true legal team, so everyone on a file knows it, and we keep a strict 24 hour return call policy when we are in court. We pursue resolution through negotiation, mediation, or arbitration when that serves the client, and we try cases when it does not. Our recent record includes a five-day bench trial in Broward County that ended in a 32-page final judgment awarding our client specific performance of a commercial real estate contract. We also represent out of state owners from New York, New Jersey, and Connecticut who hold South Florida property, handling the local court appearances so they do not have to travel for each hearing.

Common Landlord-Tenant Disputes We Handle in Royal Palm Beach

• Nonpayment of Rent: The most frequent dispute. Florida requires a written demand for payment or possession, and the tenant has three days after delivery, not counting Saturdays, Sundays, or court-observed legal holidays, before the landlord may terminate. Errors in counting those days are a common reason cases stall.
• Lease Violations and Curable Noncompliance: Unauthorized occupants, pets, or property misuse. For violations that can be fixed, the landlord’s notice must give the tenant seven days from delivery to correct the problem, and it must say that failure to cure will result in termination.
• Incurable Violations: Intentional destruction or damage to property, fraudulent entry of a dwelling, and repeated unreasonable disturbances can support a seven-day notice to vacate with no opportunity to cure.
• Commercial Lease Defaults: Retail, office, and warehouse tenants who fall behind, abandon space, or breach use and maintenance covenants. These cases turn on lease wording and often involve guaranties and security deposits.
• Tenant Claims Against Landlords: A tenant whose landlord materially fails to maintain the unit or comply with the rental agreement may give written notice, and if the landlord does not fix the problem within seven days, the tenant may terminate. We advise tenants on whether those conditions are actually met.
• Month-to-Month and Open-Ended Tenancies: A tenancy with no set end date can be ended by written notice delivered in the manner Florida law requires. Disputes often arise over whether the notice was properly given.
• Tenants Who Are Also Co-Owners or Heirs: A relative or former partner living in or using a shared property raises possession questions that overlap with partition and title law.
• Emergency Relief: Where a tenant is stripping a property, diverting rents, or interfering with a building, a court may be asked for injunctive relief to preserve the property while the case proceeds.

What to Do in the First Days of a Lease Dispute

Start with the lease and a clean timeline. Pull the signed agreement, every notice sent or received, payment records, texts, emails, and photographs. In notice-driven disputes, the date and manner of delivery matter as much as the content, so preserve proof of how and when each document was delivered.

Landlords should not change locks, remove belongings, or shut off utilities to push a tenant out. Florida requires the court process for removal, and self-help can expose the landlord to damages. Instead, confirm which notice fits the problem. Unpaid rent calls for the three-day demand. A curable violation calls for the seven-day cure notice. A violation that cannot be cured, or a repeat of one within twelve months of a written warning, can support a seven-day notice of termination.

Be careful with partial payments. If a landlord accepts partial rent after posting a nonpayment notice, the landlord must either give the tenant a receipt stating the date, the amount received, the agreed date for the balance, and the balance due, place the partial rent in the court registry when filing for possession, or post a new three-day notice reflecting the new amount. Accepting a partial payment does not by itself waive the right to terminate or sue, but skipping these steps can give the tenant a defense.

Tenants should respond in writing, keep paying what is owed if they can, and never ignore a notice or a summons. If you believe the landlord has failed to maintain the unit, send written notice describing the problem; the seven-day period runs from that notice.

Where a case is filed depends on the dispute. Palm Beach County cases are heard in the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, and the Palm Beach County Clerk maintains a Royal Palm Beach branch for the western communities. Claims up to and including the county court ceiling go to county civil court, small claims remain limited to a lower threshold, and larger disputes go to circuit court. Commercial landlords with cases in Broward County deal with the Seventeenth Judicial Circuit, which also has a complex business division for larger business and construction disputes. If a lease dispute is part of a bigger business conflict, federal court in the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale, may become relevant.

When a Lease Dispute Is Really a Business or Ownership Dispute

Many landlord-tenant problems we see are symptoms of something larger. A partner stops paying rent to the company that owns the building. An LLC member occupies company property and refuses to leave. Siblings who inherited a rental disagree over whether to evict, sell, or keep the tenant. In those cases, the notice period is only the first question.

Florida law gives owners several tools when co-owners cannot agree. A partition action asks the court to divide the property or order it sold and the proceeds shared, and where the property qualifies as heirs property, a separate statutory process applies with additional protections before a forced sale. Quiet title actions clear up competing claims of ownership. When company funds or rents have been diverted, claims for an accounting and breach of fiduciary duty can follow, and injunctive relief can freeze the problem while the case is pending. For LLC members, Florida’s statute allows judicial dissolution in situations such as deadlock with irreparable injury, misappropriation of assets, or when it is no longer reasonably practicable to operate under the operating agreement.

Time limits matter in these cases too. A claim on a written lease or other written contract generally must be filed within five years, while an oral or implied agreement carries a four-year period. A specific performance action has a one-year period. Waiting to see if a dispute resolves itself can quietly use up that time.

Frequently Asked Landlord-Tenant Questions in Royal Palm Beach

How long does a landlord have to give a tenant before filing for nonpayment?

After delivering a written demand for rent or possession, the landlord must wait three days, excluding Saturdays, Sundays, and court-observed legal holidays, before the rental agreement can be terminated for nonpayment. The count starts from delivery of the notice, so how and when it was delivered matters.

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

For a curable violation, the landlord must give the tenant seven days from delivery to fix the problem before terminating. For violations that cannot be cured, such as intentional property destruction or a repeated unreasonable disturbance, the landlord may give a seven-day notice of intent to terminate without a chance to cure.

Can a landlord evict me for violating the lease a second time?

Yes. If the same type of noncompliance happens again within twelve months of a written warning, the landlord may deliver a seven-day notice to vacate without offering another chance to cure.

If my landlord takes a partial rent payment, does that cancel the eviction?

Not automatically. Accepting partial rent does not waive the right to terminate or sue, but the landlord must follow one of three paths: give a written receipt with the balance due and date, deposit the partial payment in the court registry when filing, or serve a new three-day notice for the revised amount.

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

A tenant may terminate if the landlord materially fails to comply with required maintenance obligations or the lease and does not correct the problem within seven days after the tenant’s written notice. The notice should be in writing and describe the problem specifically.

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

A tenancy with no specific duration can be ended by written notice delivered in the manner Florida law requires. Because the delivery method and timing can be challenged, it is worth confirming the notice is correct before relying on it.

My tenant is also my business partner. Does that change anything?

It can change a great deal. If the occupant is a co-owner, member, or shareholder, the dispute may involve operating agreement terms, fiduciary duties, and ownership rights, not just possession. A straightforward eviction may not be the right tool, and a business divorce or partition strategy may fit better.

Which court handles my case, and does the amount matter?

For Palm Beach County disputes, the amount in controversy drives the choice among small claims, county civil court, and circuit court, with the county court ceiling adjusted periodically by statute. Cases beyond that ceiling, and many equity matters like injunctions, partition, and quiet title, are heard in circuit court.

I live out of state but own rental property near Royal Palm Beach. Can you handle a dispute for me?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut who hold South Florida real estate. We handle the local filings and hearings and keep you informed so you do not need to travel for each step.

Can a tenant dispute be resolved without a trial?

Often. Many landlord-tenant and commercial lease disputes settle through negotiation or mediation, particularly when both sides want to avoid delay and cost. We pursue the path most likely to meet the client’s goals, and we are prepared to go to court when settlement is not realistic.

Can a landlord claim past-due amounts beyond the rent itself?

Depending on the lease, a landlord may pursue unpaid rent, damages for breach, and other contractual obligations. Written leases fall under the five-year limitations period, so older claims may still be viable, but waiting increases the risk of lost evidence and missed deadlines.

Serving Landlord and Tenant Clients Across Royal Palm Beach and Palm Beach County

We represent landlords, tenants, investors, and business owners in Royal Palm Beach and the neighboring western communities of Wellington, Loxahatchee, Loxahatchee Groves, Acreage, and Westlake. Our work extends through central Palm Beach County into West Palm Beach, Palm Springs, Greenacres, Lake Worth Beach, Lantana, Boynton Beach, and Delray Beach, and north into Palm Beach Gardens, Jupiter, and Riviera Beach. Boca Raton, Highland Beach, and Boca-area communities are part of our regular territory as well.

Across the county line, we serve clients in Broward County, including Fort Lauderdale, Deerfield Beach, Coconut Creek, Coral Springs, Pompano Beach, Plantation, Hollywood, and surrounding cities. Whether a dispute involves a rental home, a retail space, an office suite, or an investment property held with partners, our team handles the case in the court where it belongs.

Speak With a Royal Palm Beach Landlord Tenant Lawyer Today

If a notice has been served, a payment has been missed, or a co-owner is refusing to leave a property, the next few days often shape the outcome. A Royal Palm Beach landlord tenant lawyer from the Andrew M. Schwartz Legal Team can review your lease, check that notices and deadlines are handled correctly, and recommend the most practical route, whether that is negotiation, mediation, or court. Call our team today to schedule a consultation about your situation.