Sunrise Landlord Tenant Attorney

Whether you are trying to get a nonpaying tenant out of a commercial space, recover a unit that has been damaged, or stay in a home you are being pushed out of, the goal in a landlord-tenant dispute is the same: a clean, enforceable result reached before the cost of the fight exceeds the value of the property. The Andrew M. Schwartz Legal Team handles real estate transactions and litigation for landlords, tenants, investors, and business owners in Sunrise and throughout Broward County and Palm Beach County, and we approach every lease dispute with that end result in mind. If you need a Sunrise landlord tenant attorney, the first thing to know is that Florida’s rules for terminating a tenancy are strict about paperwork, and a single defective notice can send a landlord back to the start.

Sunrise sits in Broward County, so possession and lease cases from this area are filed in the Seventeenth Judicial Circuit, which sits in and for Broward County. Which division hears the case depends largely on the money at stake and the relief sought. Eviction timing, rent claims, security deposit disputes, and commercial lease defaults each follow different paths, and the right strategy depends on the lease language, the property type, and what each side actually wants to walk away with.

Why Choose the Andrew M. Schwartz Legal Team for Lease and Possession Disputes

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes, serving clients in Sunrise, Fort Lauderdale, Boca Raton, West Palm Beach, and across Broward and Palm Beach Counties. Andrew M. 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 business and real estate experience in state and federal courts.

Lease disputes are contract disputes, and contract enforcement has been at the center of Mr. Schwartz’s practice for his entire career. Commercial leases, in particular, often turn on the precise wording of the agreement and the history of dealings between landlord and tenant. The firm has also obtained results in real property litigation: after a five-day bench trial, the Broward County Circuit Court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That kind of trial work matters in a landlord-tenant case that stops being routine.

The firm practices as a true legal team, so everyone working on your file knows it, and calls are returned within 24 hours when we are in court. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits your goals and budget rather than prolonging a case for its own sake. Many landlords and tenants want a practical outcome, whether that is possession, payment, or a negotiated exit, and finesse often accomplishes that faster than a scorched-earth approach.

Landlord-Tenant Disputes We Handle in Sunrise

• Nonpayment of Rent: The most common possession case. Florida requires a written demand for payment or possession, and the tenant gets three days, not counting Saturdays, Sundays, and court-observed legal holidays, before the landlord may terminate. Errors in the notice, such as demanding the wrong amount, can undermine the case.
• Lease Violations Other Than Rent: Unauthorized occupants, pets, subletting, or property misuse. When the problem can be fixed, the landlord’s notice must give the tenant seven days to cure. Some conduct, such as intentional destruction of property or repeated unreasonable disturbances, allows a seven-day notice to vacate with no chance to cure.
• Commercial Lease Defaults: Retail, office, and industrial tenants who stop paying, abandon space, or breach use and maintenance clauses. These cases frequently involve guaranties, personal liability, and large damages claims that belong in circuit court.
• Tenant Claims Against Landlords: When a landlord materially fails to maintain the premises or comply with the rental agreement, a tenant who gives written notice and waits seven days may terminate the lease. Tenants also bring deposit and habitability claims.
• Month-to-Month and Periodic Tenancies: A tenancy with no fixed end date can be ended by written notice delivered in the manner Florida law prescribes. Disputes arise over whether the notice was proper and timely.
• Partial Rent and Waiver Problems: Landlords who accept some rent after serving a nonpayment notice can inadvertently weaken their position if they do not handle the payment correctly.
• Injunctions Involving Leased Property: When a tenant or landlord is destroying property, locking out an occupant, or diverting assets, emergency injunctive relief may be needed before the case is decided.
• Disputes Among Co-Owners and Tenants in Common: When the property is jointly owned and one owner is renting it or occupying it, the dispute can shift from a lease question to a partition or accounting claim.

What to Do When a Tenancy Is Breaking Down in Sunrise

Start with the lease and your records. Gather the signed agreement and any amendments, the rent ledger, every notice sent or received, and photographs or inspection reports. If you are a landlord, do not change locks, remove belongings, or cut off utilities to force a tenant out. Florida requires a court process for removal, and self-help can expose you to liability that dwarfs the unpaid rent. If you are a tenant, do not ignore a notice because it seems wrong; a deadline that passes without a response can cost you the home or the chance to cure.

Pay close attention to notice mechanics. For nonpayment, the three-day period excludes weekends and court-observed holidays only. For curable violations, the notice must say that the landlord will terminate if the problem is not corrected within seven days of delivery. For violations that cannot be cured, or repeat violations within twelve months of a written warning, the landlord may deliver a notice of intent to terminate giving the tenant seven days to vacate. How the notice was delivered matters as much as what it says, so keep proof.

If rent arrives late, think before you accept it. A landlord who takes partial rent after posting a nonpayment notice should either give the tenant a written receipt stating the date, the amount received, and the agreed date and balance due, place the money in the court registry when filing for possession, or post a new three-day notice reflecting the reduced amount. Accepting partial rent does not by itself waive the right to terminate or sue for the period, but sloppy handling invites the argument.

Where the case is filed depends on the claim. Possession actions and smaller money claims are heard in Broward County Court, with the Central Judicial Complex in Fort Lauderdale and regional courthouses in Plantation, Deerfield Beach, and Hollywood serving different parts of the county. Claims between roughly the small-claims ceiling and the county court limit go to county civil court, while larger commercial disputes belong in circuit court. The county court limit is adjusted periodically, so confirm the current threshold before filing. Complex commercial lease litigation may qualify for the Seventeenth Circuit’s business court divisions, which handle large business disputes.

Finally, talk to a lawyer before you serve or answer a notice, not after. Most of the costly mistakes in these cases happen in the first week: a notice with the wrong figure, a missed response deadline, or a payment accepted without the proper paperwork. A short consultation at that stage is far cheaper than restarting an eviction.

Commercial Leases, Guaranties, and Money Claims

A residential eviction is often fast and narrow. A commercial lease default is neither. The landlord may be pursuing unpaid rent, acceleration clauses, repair costs, attorney fees provisions, and claims against a guarantor, while the tenant raises defenses such as failure to deliver the premises, constructive eviction, or the landlord’s own breach. These cases are won on the document: how the default is defined, what notice and cure rights the lease grants, and what the parties actually did over the years.

The time limits for suing on a lease follow general contract rules. A claim founded on a written instrument carries a five-year limitations period, while claims on oral or implied agreements have four years. A landlord sitting on an old default, or a tenant holding a deposit claim, should not assume the clock is forgiving. When the dispute involves funds that went missing, such as diverted rents or a manager who cannot account for money, the claims can include an accounting and breach of fiduciary duty, and emergency relief can freeze assets while the case proceeds.

When Landlord-Tenant Issues Overlap With Ownership Disputes

Sometimes the real fight is not between landlord and tenant but among the people who own the property. One co-owner collects rent and refuses to share it. A former business partner remains in possession of a space. Heirs disagree about whether to rent or sell. In those situations, Florida law allows a co-owner to seek partition, either dividing the property or ordering its sale with proceeds distributed according to each owner’s interest. Property inherited from relatives may fall under special heirs property rules that change how a court approaches a forced sale. Title clouds can be addressed through a quiet title action. Because our firm handles partition, title, and lease litigation together, we can see when a tenancy problem is really an ownership problem.

Sunrise Landlord Tenant Questions Answered

How long does a tenant have to pay after a three-day notice?

Three days, excluding Saturdays, Sundays, and court-observed legal holidays, counted from delivery of the written demand for payment or possession. If the default continues past that period, the landlord may terminate the rental agreement and file for possession.

Can a landlord evict without going to court?

No. Even after a valid notice expires, the landlord must obtain a court judgment for possession. Changing locks, removing a tenant’s belongings, or shutting off utilities to compel a move-out can create liability for the landlord.

What if the tenant violates the lease in a way that cannot be fixed?

For noncompliance that cannot be cured, such as intentional destruction of property, the landlord may deliver a written notice of intent to terminate giving the tenant seven days to vacate. A repeated violation within twelve months of a written warning is treated the same way.

Does accepting partial rent ruin an eviction?

Not automatically. Accepting partial rent does not waive the right to terminate or sue. But the landlord should issue a receipt with the date, amount, and agreed balance, deposit the funds in the court registry when filing, or serve a new three-day notice reflecting the new amount.

How can a tenant end a lease because of the landlord’s failures?

If the landlord materially fails to maintain the premises or comply with the rental agreement, the tenant may give written notice. If the failure continues for seven days after that notice, the tenant may terminate the rental agreement.

How is a month-to-month tenancy ended?

By written notice delivered in the manner Florida law prescribes for lease terminations. Without a fixed end date, the tenancy continues until one side gives a proper notice, and defects in that notice are a common source of litigation.

Which court hears a Sunrise landlord-tenant case?

Because Sunrise is in Broward County, cases are filed in the Broward County courts, part of the Seventeenth Judicial Circuit. Amount in controversy and the type of relief decide whether the case goes to county court or circuit court, and small claims handles the smallest money disputes.

Is it worth hiring a lawyer for a single-unit eviction?

Often yes, because the procedural traps are the main risk. A defective notice or mishandled partial payment can force you to start over, adding weeks of lost rent. Counsel is most valuable at the front end, before the notice goes out.

Can a landlord pursue a tenant’s guarantor or business partner personally?

If the lease includes a personal guaranty, or if a person signed in a way that creates individual liability, a landlord may sue that person along with the tenant entity. Whether liability attaches depends on the exact wording of the signature block and guaranty.

I live out of state but own a rental property in Broward County. Can your firm handle the case?

Yes. We regularly represent owners from New York, New Jersey, and Connecticut with South Florida property. We handle the court appearances and proceedings locally and keep you informed so you do not have to travel for every hearing.

Can a lease dispute be resolved without a trial?

Frequently. Negotiated move-out dates, payment plans, mediation, and arbitration clauses resolve many disputes. Our attorneys are experienced in alternative dispute resolution and pursue the route most likely to meet your goals efficiently.

Can an emergency injunction be used in a lease dispute?

Yes, when assets or property are at risk before a final ruling, such as a tenant stripping fixtures or a party moving funds. Temporary and permanent injunctions are part of the firm’s work and can preserve the status quo while the case proceeds.

Serving Landlords and Tenants Across Sunrise and South Florida

Our work for Sunrise landlords and tenants extends through Broward County, including Plantation, Davie, Weston, Tamarac, Lauderhill, Lauderdale Lakes, Coral Springs, Pembroke Pines, Hollywood, Fort Lauderdale, Deerfield Beach, Pompano Beach, Coconut Creek, and Margate. We also represent clients across Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, and Palm Beach Gardens. Owners and investors from New York, New Jersey, and Connecticut with rental property or commercial space in South Florida are a regular part of our practice, and we also work with referring attorneys whose clients need a Florida litigator.

Talk to a Sunrise Landlord Tenant Lawyer Before the Deadline Runs

If you are a landlord holding a defaulted lease or a tenant who has just received a notice, speaking with a Sunrise landlord tenant lawyer early can decide whether the matter ends in a quick resolution or an expensive restart. The Andrew M. Schwartz Legal Team will review your lease, explain your options, and recommend the most practical path. Call to schedule a consultation and let us look at your situation before the next deadline arrives.