Landlord–Tenant Attorney

Residential & Commercial Landlord–Tenant Law

Landlord–tenant law regulates the legal relationship between property owners and occupants. It addresses possession, payment of rent, repair obligations, termination rights, and remedies upon default.

In Florida, residential tenancies are governed primarily by Chapter 83, Part II of the Florida Statutes. Commercial tenancies, while addressed in Part I of Chapter 83, are largely controlled by the negotiated lease terms. Washington, D.C. imposes its own statutory framework with detailed tenant protections and notice requirements.

Because statutes and contract language operate together, the strength of the lease agreement is foundational. A well-drafted lease anticipates default scenarios, defines notice requirements clearly, allocates maintenance responsibility precisely, and structures remedies in a way that preserves leverage. Many disputes arise not from misconduct — but from ambiguity. In both residential and commercial contexts, the lease is not merely a form — it is a risk allocation document.

Landlord Representation

We represent residential and commercial landlords in:

• Drafting and revising lease agreements

• Preparing statutory notices (nonpayment, noncompliance, termination)

• Enforcing lease defaults

• Recovering unpaid rent

• Addressing property damage

• Handling security deposit disputes

• Coordinating eviction proceedings

For landlords, early intervention protects rent recovery and preserves procedural advantage. Proper notice drafting and statutory compliance often determine the outcome of enforcement actions.

Tenant Representation

Tenants—residential and commercial—face significant legal and financial consequences when disputes escalate. Lease defaults can affect credit, housing stability, business continuity, and future leasing opportunities.

We represent tenants in matters involving:

• Improper notice or defective statutory compliance

• Security deposit withholding disputes

• Habitability issues

• Commercial lease default claims

• Repair and maintenance disputes

• Negotiation of early termination agreements

Strategic negotiation can often resolve disputes before possession is jeopardized.

Notice Requirements & Default Procedure

Lease enforcement begins with notice.

For residential nonpayment of rent in Florida, a landlord must serve a three-day notice demanding payment or possession. The notice must state the exact amount owed and exclude weekends and legal holidays in calculating the cure period. For non-monetary violations, a seven-day notice is generally required, with or without an opportunity to cure depending on the nature of the breach. Tenants who ignore valid notices risk eviction. Landlords who draft defective notices risk dismissal and can delay recovery for months.

In commercial tenancies, notice and cure rights are governed primarily by the lease. A commercial agreement may require written default notice, defined cure periods, and specific delivery methods before termination is permitted. Failure to follow those contractual procedures can undermine enforcement.

Maintenance Obligations & Habitability

Residential landlords in Florida are required to maintain rental property in compliance with applicable building, housing, and health codes. Where no local codes apply, landlords must maintain structural components, plumbing, electrical systems, roofs, doors, windows, and ensure the premises are capable of resisting normal forces and loads.

Disputes frequently arise from issues such as persistent roof leaks, plumbing failures, mold tied to structural defects, inoperable utilities, broken exterior locks affecting security, or infestations resulting from maintenance deficiencies.

When a landlord materially fails to comply with maintenance obligations, a tenant may serve a written seven-day notice to cure. If the condition is not corrected within the statutory period, termination rights may arise. However, unilateral rent withholding or defective notice can expose a tenant to eviction. These situations require careful statutory compliance.

In commercial leases, maintenance allocation is dictated by negotiated terms, including NNN structures and CAM provisions. Clarity in drafting determines responsibility.

Security Deposits & Statutory Compliance

Security deposit disputes are among the most common landlord–tenant conflicts in residential matters.

Under Florida Statutes § 83.49, a landlord who intends to impose a claim against a tenant’s security deposit must provide written notice by certified mail within 30 days after the tenant vacates. The notice must state the amount of the claim and the reason for the deduction. Courts construe this requirement strictly. If proper notice is not delivered within that timeframe, the landlord may forfeit the right to retain any portion of the deposit.

Tenants then have 15 days to object in writing. If objection is made, the dispute may proceed to litigation.

Strict compliance with statutory timing and documentation requirements determines outcome. Proper lease drafting and disciplined administrative procedures reduce exposure before a dispute arises.

Commercial deposit disputes, by contrast, are primarily governed by the lease agreement rather than statute.

Schedule a Consultation

Landlord–tenant disputes are procedural and time-sensitive. Whether drafting a lease, serving notice, or responding to enforcement action, clarity and compliance are critical.

Provide the lease type, jurisdiction, and stage of dispute. We will coordinate next steps promptly.