Landlord Tenant Attorney Florida
A procedural error on a 3-day notice means starting the process from scratch. Get it right the first time.
Landlord & Tenant Law
Property disputes require a lawyer who knows Florida landlord-tenant law inside and out, and who moves with the urgency the situation demands. We represent both landlords and tenants in residential and commercial matters throughout Florida. As the landlord tenant attorney Florida property owners and tenants call, we move with the urgency your situation demands.
Landlord & Tenant Practice Areas
- Residential Evictions: Three-day notices, unlawful detainer actions, and eviction proceedings in Palm Beach County and throughout Florida.
- Commercial Evictions: Complex commercial lease terminations, holdover tenants, and commercial unlawful detainer actions.
- Lease Drafting & Review: Residential and commercial lease agreements drafted to protect your interests and comply with Florida law.
- Security Deposit Disputes: Proper handling of security deposits, improper withholding claims, and related litigation.
- Non-Payment & Breach of Lease: Pursuing landlords and tenants for lease breaches, unpaid rent, and property damage.
- Property Damage Claims: Claims for tenant-caused damage beyond normal wear and tear.
- Tenant Rights & Habitability: Representing tenants against landlords who fail to maintain habitable conditions or engage in illegal self-help evictions.
Florida Eviction Law: What Landlords Need to Know
Florida’s eviction process is faster than many states, but procedural compliance is critical. A single error in a notice can require starting over. Proper three-day or seven-day notices (depending on the lease violation), strict procedural compliance, and prompt filing all matter. We handle residential and commercial evictions efficiently from initial notice through final judgment and writ of possession.
Frequently Asked Questions: Landlord & Tenant
How long does an eviction take in Florida?
An uncontested residential eviction in Florida can be completed in as little as 2 to 4 weeks from notice to writ of possession. Contested evictions take longer, but we work to move as quickly as Florida law allows while ensuring full procedural compliance.
Can I evict a tenant for non-payment of rent?
Yes, under Florida Statutes 83.56, a landlord must serve a 3-day notice to pay rent or vacate, excluding weekends and holidays. If the tenant fails to comply, the landlord may file an eviction action, and we handle every step of this process.
My landlord is withholding my security deposit. What can I do?
Florida law requires landlords to return security deposits within 15 to 60 days depending on whether deductions are claimed. Failure to follow the proper notice and timeline requirements can result in the landlord forfeiting the right to make any deductions, potentially allowing you to recover the full deposit.
Can a landlord evict a tenant without going to court?
No, Florida law prohibits self-help evictions, meaning a landlord cannot change locks, remove belongings, shut off utilities, or take any other unilateral action to remove a tenant. All evictions must go through the proper court process.
What is a 7-day notice to cure in Florida?
A 7-day notice to cure is served when a tenant violates a lease term that can be corrected, such as unauthorized pets or excessive noise. The tenant has 7 days to fix the violation, or the landlord may begin eviction proceedings.
What are my rights as a tenant if my landlord is not making repairs?
Under Florida Statutes 83.51, landlords must maintain the premises in compliance with building codes and make reasonable repairs. If your landlord fails to do so, you may have remedies including withholding rent through proper legal procedures or terminating the lease.
Can a landlord raise rent during a lease?
Generally no, because a lease is a binding contract and the rent amount is fixed for the lease term. Rent can only be increased at the time of lease renewal or for month-to-month tenancies with proper 15-day notice under Florida Statutes 83.57.
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Related Practice Areas
When lease disputes escalate beyond simple non-compliance, you may need to escalate commercial lease violations through business litigation proceedings to enforce your rights and recover damages.
Landlord-tenant disputes are fundamentally civil litigation matters that require careful documentation, proper notice, and legal strategy to protect your interests.
Beyond the eviction process, landlords have additional remedies available through debt collection procedures to recover unpaid rent and associated damages after a tenant vacates the premises.
Not every landlord-tenant dispute requires litigation. Mediation can help resolve tenant disputes without trial, saving time and legal costs while preserving professional relationships.
Frequently Asked Questions
What does a commercial landlord-tenant attorney do?
A commercial landlord-tenant attorney represents either landlords or tenants in disputes arising from lease agreements, enforcement of lease terms, and property rights. These attorneys handle eviction proceedings, negotiate lease disputes, recover unpaid rent, and advise on lease modifications and compliance with Florida landlord-tenant laws. Whether you need to enforce a commercial lease or protect tenant rights, experienced legal counsel ensures all actions comply with state law and protects your interests throughout the dispute resolution process.
How does the eviction process work in Florida?
Florida eviction, formally called “ejectment,” begins with the landlord providing proper written notice to the tenant according to lease terms and Florida Statutes. After notice is given, if the tenant does not cure the violation or vacate, the landlord files a complaint in civil court. The tenant has an opportunity to respond, and if unresolved, the case proceeds to trial where a judge determines whether eviction is warranted. If the judge rules in the landlord’s favor, an eviction order is issued, and the property is recovered. This process requires strict adherence to procedural requirements and proper documentation at each stage.
What are a landlord’s rights when a tenant stops paying rent in Florida?
When a tenant fails to pay rent in Florida, the landlord has several legal remedies. First, the landlord must provide written notice as required by the lease and Florida law, typically a three-day notice to pay or quit. If the tenant does not comply, the landlord can file an eviction lawsuit. Additionally, landlords can pursue separate debt collection claims to recover the unpaid rent amount, late fees, and attorney fees if permitted by the lease. Landlords may also place a lien against the tenant’s property in certain circumstances. However, landlords cannot take self-help measures such as changing locks or removing the tenant’s belongings without a court order.
How long does an eviction take in Florida?
Florida eviction timelines vary depending on whether the tenant responds to the lawsuit and requests a trial. If the tenant does not answer the complaint, the landlord may obtain a default judgment in approximately two to four weeks. If the tenant contests the eviction, the process typically takes four to eight weeks, though complex cases or appeals can extend the timeline significantly. These estimates assume full compliance with all procedural requirements and no continuances. Because timelines can vary based on court schedules, case complexity, and tenant responses, you should consult with an attorney to understand your specific situation.
Can a landlord recover damages beyond unpaid rent in Florida?
Yes, Florida law permits landlords to recover several categories of damages beyond unpaid rent, provided the lease agreement or state law supports such recovery. These may include late fees, property damage caused by the tenant beyond normal wear and tear, costs to repair or prepare the unit for occupancy, and reasonable attorney fees if the lease specifies such recovery. In commercial lease disputes, additional damages might include lost business income or other consequential damages depending on the lease terms and circumstances. The specific damages available depend on the lease language, the nature of the tenant’s breach, and what you can document and prove in court.
What should I do if my tenant is violating the lease terms?
When a tenant violates lease terms, document the violation thoroughly with dates, times, photographs, and written records. Provide written notice to the tenant as required by your lease agreement and Florida law, specifying the violation and what action must be taken to cure it. Allow the cure period specified in your lease (typically three to five days for non-monetary violations). If the tenant fails to cure within the required timeframe, consult with a landlord-tenant attorney immediately to evaluate your options, which may include eviction proceedings, debt collection, or other remedies. Proper documentation and prompt legal action protect your rights and strengthen your position if litigation becomes necessary.