Tamarac Landlord Tenant Attorney

The Andrew M. Schwartz Legal Team represents landlords, property investors, business tenants, and residential tenants in Tamarac and across Broward County, along with clients throughout Palm Beach County who have rental property or lease disputes in South Florida. A Tamarac landlord tenant attorney is most useful before a notice goes out, because in Florida the paperwork at the start of a dispute often decides how the rest of it goes.

Tamarac has a large base of condominium units, townhomes, and single-family rentals, many of them owned by investors who live out of state or are co-owners with relatives or former business partners. That mix produces disputes beyond simple nonpayment: a notice served with the wrong deadline, partial rent accepted at the wrong moment, a lease signed by one co-owner without the other’s consent, or a commercial tenant who stops paying under a lease with personal guarantees. Each of these turns on specific statutory language, and a mistake can force a landlord to restart the process or hand a tenant a defense.

The sections below cover how Florida’s notice rules work, which problems tend to bring landlords and tenants into court, how to act in the first days of a dispute, and where the case will likely be heard.

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 Broward County, Palm Beach County, and the rest of South Florida. Andrew M. He holds an undergraduate degree from Emory University and a law degree from the University of Miami. His practice has centered on contract disputes, conflicts among co-owners, and real estate litigation, which is the same body of law that sits underneath most lease fights: what the written agreement says, what the parties actually did, and what a court will enforce.

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 team, so everyone on a matter knows the file, and it keeps a strict 24 hour return call policy. In a possession case where days matter, that responsiveness is practical, not cosmetic.

The firm’s results include a final judgment after a five-day bench trial in Broward County Circuit Court, a 32-page order granting its client specific performance of a commercial real estate contract. Landlord-tenant work in the commercial space draws on the same skills: reading a lease closely, building the record, and trying the case when negotiation fails. The firm is also experienced in mediation and arbitration, and it looks for the resolution that fits a client’s goals and budget rather than prolonging a case. For landlords who want a litigator involved earlier, the firm’s outside general counsel program can handle lease review and compliance questions before a dispute develops.

Common Landlord-Tenant Problems We Handle in Tamarac

• Nonpayment of Rent: The most frequent dispute. A landlord must deliver a written demand for payment or possession and wait three days, not counting Saturdays, Sundays, or court-observed legal holidays, before terminating. Defects in that notice, or in how it was delivered, are a common reason these cases stall.
• Lease Violations Other Than Rent: Unauthorized occupants, pets, subletting, or property misuse. When the violation can be corrected, the notice must give the tenant seven days to fix it before the landlord can terminate. Some conduct, such as intentional destruction of property, allows a notice with no chance to cure.
• Holdovers and Month-to-Month Terminations: A tenancy with no fixed term ends only by written notice delivered in the manner the statute requires. Informal texts or verbal warnings routinely fail as proper notice.
• Landlord Failure to Maintain: A tenant who believes the landlord has materially failed to meet maintenance obligations can send written notice, and if the problem is not addressed within seven days, the tenant may terminate the rental agreement. Disputes arise over whether the failure was material and whether the notice was adequate.
• Commercial Lease Defaults: Retail, office, and warehouse tenants raise different issues: guarantees, common area charges, acceleration clauses, and landlord duties to mitigate. These are contract cases first and possession cases second.
• Security Deposit and Damage Claims: Disputes over what a landlord may withhold, and over claims for unpaid rent beyond the deposit, which can be pursued as a money damages action separate from eviction.
• Co-Owner and Family Rental Conflicts: One owner leases a shared property without the others agreeing, or a relative stays in a rental and stops paying. These cases overlap with partition and title questions.
• Injunctive Relief: Lockouts, utility shutoffs, or a tenant removing fixtures or diverting rents can justify a request for emergency court orders while the underlying case proceeds.

What to Do in the First Days of a Landlord-Tenant Dispute

Start with the lease and a timeline. Gather the signed agreement, every amendment, payment records, texts and emails, and any notices already sent or received. For landlords, the single most important decision is whether to send a notice at all before speaking with a Tamarac landlord attorney, because a defective notice cannot simply be patched; it usually has to be redone, and the clock restarts. For tenants, the most important step is to respond in writing to any notice and to keep proof of payment and of any maintenance complaints you made.

Be careful with partial payments. Under Florida law, a landlord who accepts partial rent after posting a nonpayment notice does not automatically lose the right to terminate or sue, but there are conditions. The landlord must either give the tenant a receipt showing the date and amount received, the agreed date for the balance, and the amount still owed, place the partial payment in the court registry when filing, or serve a new three-day notice for the reduced amount. Skipping those steps hands the tenant an argument.

Know the timelines you are working against. A landlord ending a tenancy for a non-curable violation, or a repeat violation within twelve months of a written warning, delivers notice of intent to terminate, and the tenant has seven days from delivery to vacate. For curable violations, the notice must say the landlord will terminate if the problem is not corrected within seven days. If your dispute has grown into a claim for money under a written lease, the general limitations period for written contracts is five years, while oral or implied agreements carry four years, so waiting rarely helps.

Where the case goes depends on what is sought. Tamarac sits in Broward County, which is in the Seventeenth Judicial Circuit. Possession and smaller money claims are typically handled in county court, which hears civil claims above the small claims ceiling up to the county court’s dollar limit, with small claims below that. Larger damages claims, along with injunction requests and disputes involving title or business entities, belong in circuit court. Broward’s county civil matters are heard at courthouses including the North Regional Courthouse in Deerfield Beach, the West Regional Courthouse in Plantation, and the Central Judicial Complex in Fort Lauderdale. The Seventeenth Circuit also operates complex business divisions for large commercial litigation. Federal court in Fort Lauderdale is an option only where federal jurisdiction exists.

The most common mistakes are self-help measures. Changing locks, removing a tenant’s belongings, or cutting off utilities can expose a landlord to liability and undo an otherwise strong case. On the tenant side, withholding rent without following the statutory written-notice process, or ignoring a served complaint, can lead to a default. A Broward County landlord tenant lawyer can review the facts and tell you which path protects you.

How Lease Disputes Become Larger Business and Real Estate Cases

Many disputes that start as a landlord-tenant problem are really something else. A commercial tenant that stops paying may be a company whose owners are fighting one another, leaving no one with authority to resolve the lease. A rental property owned by siblings, former partners, or an unmarried couple can freeze when one co-owner wants to evict a tenant and the other does not. In those situations, the lease dispute is only the visible part, and the real work involves ownership rights.

When co-owners cannot agree on what happens to a rental property, Florida law allows a court to partition it, either by dividing it or ordering a sale and dividing the proceeds. Where a property was inherited among relatives, special heirs property rules may apply and can change how a sale is handled. Where competing claims of ownership cloud a property, a quiet title action asks the court to determine who holds title. Our firm handles these cases alongside lease litigation, which matters when a rental income stream is part of what is in dispute.

Money problems also follow lease disputes. A manager who collects rents and cannot account for them, or a partner who diverts deposits, can support claims for an accounting and breach of fiduciary duty, and emergency relief can be sought to stop funds from being moved while the case is pending. For clients in New York, New Jersey, and Connecticut who own Tamarac rentals from a distance, we handle the local court appearances so you do not have to travel for each hearing, and we keep you informed at every stage.

Tamarac Landlord and Tenant Questions

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

The landlord must deliver a written demand for payment or possession, and the tenant has three days to pay or leave, excluding Saturdays, Sundays, and court-observed legal holidays. Only after that period passes without payment may the landlord terminate the rental agreement and proceed to court.

What notice is required for a lease violation that is not about rent?

If the violation can be fixed, the landlord’s notice must state that the rental agreement will be terminated unless the problem is corrected within seven days of delivery. If the violation cannot be cured, or repeats within twelve months of a written warning, the landlord may deliver a notice of intent to terminate, and the tenant has seven days from delivery to vacate.

Which violations give a tenant no chance to cure?

Examples include intentional destruction, damage, or misuse of the landlord’s or other tenants’ property, fraudulent entry of a residential unit, and a repeated or continuing unreasonable disturbance. These can support a seven-day notice to vacate without an opportunity to fix the problem.

Does accepting partial rent ruin a landlord’s eviction case?

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 receipt stating the date, amount, agreed balance date, and amount still due before filing; deposit the partial payment into the court registry when filing; or serve a fresh three-day notice for the new balance.

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

A tenancy without a fixed term is ended by written notice delivered in the manner the statute requires for notices. Verbal notice or an informal text generally does not satisfy that requirement, which is why holdover cases often hinge on how the notice was served.

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

A tenant may terminate if the landlord materially fails to meet statutory maintenance duties or lease obligations and does not correct the problem within seven days after receiving the tenant’s written notice. Whether the failure is material is often contested, so the tenant should document conditions and keep copies of everything sent.

Which court hears a landlord-tenant case from Tamarac?

Tamarac is in Broward County, so cases are filed in the Seventeenth Judicial Circuit. Possession actions and claims within the county court’s dollar limit are heard in county court, while larger claims, injunctions, and cases involving title or business entities generally go to circuit court.

Can a landlord also sue for unpaid rent after the tenant has moved out?

Yes. Possession and money damages are separate claims. A landlord with a written lease generally has five years to sue on it, and claims based on oral or implied agreements have four years. Collection can be complicated if the lease has a personal guarantee or if the tenant is a business entity that has dissolved.

What if my tenant is a company and its owners are fighting each other?

That situation often means no one can act for the tenant, and the lease dispute becomes part of a larger business divorce. Florida law allows courts to dissolve LLCs and corporations in certain circumstances, such as deadlock or misappropriation of assets, and the court can appoint a receiver or custodian after a hearing. Pursuing the lease claim and the entity-level claims together often produces better leverage.

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

Often yes, particularly when a notice has already been served or the tenant is contesting. A defective notice usually means starting over, which costs time and rent. Where the dispute involves co-owners, a guarantor, or a commercial tenant, early legal review commonly saves more than it costs.

Do I have to come to Florida for hearings if I own rental property here from out of state?

Generally not. The firm handles local court appearances and proceedings for clients in New York, New Jersey, Connecticut, and elsewhere, and keeps out of state owners updated through scheduled calls at times that work for everyone.

Can the dispute be resolved without a trial?

Frequently. Many landlord-tenant and lease disputes settle through negotiation or mediation, and some commercial leases require arbitration. The firm is experienced in mediation and arbitration as well as courtroom litigation and will recommend the path most likely to meet your goals efficiently.

Serving Tamarac Landlord and Tenant Clients Across Broward and Palm Beach Counties

For Tamarac clients, the firm’s work extends outward through Broward County, including Fort Lauderdale, Plantation, Sunrise, Lauderhill, Lauderdale Lakes, Margate, Coconut Creek, Coral Springs, Pompano Beach, Deerfield Beach, Oakland Park, Davie, Hollywood, and Weston. Landlords and tenants with property or lease disputes in these communities can rely on the team to handle filings in the Seventeenth Judicial Circuit and to appear in county and circuit court.

The firm also represents clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Royal Palm Beach, and Palm Beach Gardens, where the Fifteenth Judicial Circuit sits. Clients from New York, New Jersey, and Connecticut who own rental property or hold lease interests anywhere in South Florida are welcome, and referrals from other attorneys, including out of state counsel, are a significant part of how the firm receives its work.

Speak With a Tamarac Landlord Tenant Lawyer Before the Next Notice Goes Out

If you are a landlord weighing a notice, a tenant who has received one, or a co-owner whose rental property has become a dispute among owners, the Andrew M. Schwartz Legal Team can review your lease, your timeline, and your options. Our Tamarac landlord tenant lawyer services cover possession cases, lease and money claims, injunctions, and the ownership disputes that often sit underneath them. Call us to schedule a consultation and learn where your situation stands.