Florida Landlord-Tenant Dispute Lawyers

Understanding Your Rights Under Florida Landlord-Tenant Law

The relationship between landlords and tenants is governed by Florida Statutes Chapter 83, a detailed set of laws that outline the rights and responsibilities of both parties. Under these statutes and other laws, tenants have the right to habitable housing and fair treatment. They also have an obligation to use the unit as intended and to pay rent on time while following the lease agreement. Landlords have the right to enforce a lease agreement and to collect rent, among other rights. Landlords must maintain the property in reasonable, habitable condition.

Common Causes of Landlord-Tenant Disputes in Florida

Disputes can begin with a small misunderstanding, but they can escalate. At Flaxman Law Group, we often see disputes begin with situations like:

• Unreturned or withheld security deposits. A tenant moves out of an apartment in Brickell or a townhouse in Pembroke Pines, only to discover their deposit is being kept. Florida law requires landlords to provide written notice within 30 days if they are making deductions and to return the deposit within 15 days if there are no deductions. Not all landlords follow these rules, however.
• Nonpayment of rent. South Florida has some of the highest rental costs in the state, and missed rent can put landlords in difficult financial positions. At the same time, tenants may be struggling due to job loss or unexpected emergencies, and in these situations it can be challenging for renters and landlords to find common ground.
• Maintenance and repair disputes. In Miami-Dade and Broward counties, air conditioning is a necessity. Disputes often arise when landlords delay repairs to cooling systems, plumbing, or storm damage. Delays in repairs or incomplete repairs can also spark disagreements.
• Lease violations. From unauthorized pets in apartments along Biscayne Boulevard to subletting student housing in Coral Gables, lease violations frequently spark conflict.
• Habitability concerns. Tenants may face serious problems such as mold after a storm or structural damage that makes a home unsafe. Landlords, meanwhile, sometimes struggle with the costs of repairs and insurance disputes.

Because housing in South Florida is in such high demand, even small disagreements can feel disastrous. Tenants worry about losing their homes and the struggle to find new housing, while landlords worry about protecting investment property they’ve worked hard to purchase. Florida landlord-tenant dispute lawyers like Flaxman Law Group can help protect your rights.

Living in South Florida adds layers of complexity to landlord-tenant disputes. For example:

• Hurricane season regularly causes property damage and displacement. Disputes over who is responsible for repairs or even whether a rental remains habitable are common after major storms. To make matters worse, insurance companies and contractors are often overwhelmed after such events, which can make timely repairs challenging and can place further strain on landlord-tenant relationships.
• Rising rents in Miami and Broward mean that even minor disputes can escalate quickly, as tenants struggle to secure affordable housing and landlords try to protect their investments.
• Diverse communities add language and cultural differences to the mix. At Flaxman Law Group, our staff speaks English, Spanish, and Creole, which allows us to bridge those gaps and ensure clients fully understand their rights and options.

The team at Flaxman Law Group works and lives in South Florida. We are aware of local conditions and local challenges, so we’re prepared to meet them directly. We also have access to local resources and networks that can help landlords and tenants solve common challenges.

Legal Responsibilities of Landlords and Tenants

Both landlords and tenants in Florida have specific rights and obligations under Chapter 83 of the Florida Statutes and under federal laws. Landlords are legally required to:

• Provide safe and habitable housing, including working plumbing, heating, and electricity. In South Florida, functioning air conditioning and hurricane preparedness often fall under these expectations.
• Handle necessary repairs in a timely manner. For example, if a storm damages a roof in Hollywood or Fort Lauderdale, the landlord must address it quickly to maintain habitability.
• Follow proper procedures for holding and returning security deposits, including giving tenants written notice within 30 days if they plan to keep any portion of the deposit.
• Respect tenants’ rights to privacy by providing notice before entering the rental unit, except in emergencies.
• Provide disclosure notices about lead paint (for rentals built before 1978), radon gas, security deposits, and any authorized agents or representatives over the property.
• Abide by the lease agreement and all relevant rental laws.

Tenants, too, have obligations. They must:

• Pay rent on time and in the manner specified in the lease.
• Keep the unit clean and avoid damaging the property beyond normal wear and tear.
• Comply with community rules or lease terms, such as limits on pets, noise, or occupancy.
• Notify landlords promptly about maintenance issues, such as a broken lock or water leak.

Unfortunately, these responsibilities are often misunderstood. A tenant may not realize that withholding rent because of needed repairs is not automatically permitted under Florida law. Similarly, landlords sometimes try to handle evictions informally, changing locks or shutting off utilities, which is illegal and exposes them to liability.

At Flaxman Law Group, we translate laws into clear, practical guidance and we help you navigate situations where someone has broken the law or acted in bad faith.

Evictions, Lease Violations, and Security Deposit Issues

Some of the most difficult rental disputes arise around evictions, lease violations, and deposit disagreements. Evictions are common in high-demand rental markets like Miami, Fort Lauderdale, and Homestead. Landlords may need to remove tenants who haven’t paid rent or who have broken lease terms. Tenants, on the other hand, may feel they are being pushed out unfairly.

Florida law requires landlords to follow a very specific process when evicting a tenant. For example:

• A 3-day notice is required for nonpayment of rent.
• A 7-day notice applies for certain lease violations, with or without a chance to “cure” the violation.
• Filing a formal eviction lawsuit in county court is the next step if the tenant doesn’t comply.

Many evictions fail because landlords make procedural mistakes, which can cost them time and money. Landlords also sometimes try to evict tenants in retaliation or in violation of fair housing laws, which is illegal.

Tenants who don’t know their rights may leave without realizing they could have fought the eviction. Having experienced Florida landlord-tenant dispute lawyers on your side can ensure the process is handled legally and fairly.

Another common cause of landlord-tenant disputes involves lease violations. These can involve unauthorized occupants, loud parties that disturb neighbors, or failing to maintain the property, among other issues.

Security deposits are among the most frequent sources of tension in landlord-tenant relationships. A tenant leaving an apartment in Kendall may expect their $2,500 deposit back, only to learn that the landlord is keeping it for alleged damages.

We help tenants recover deposits that are wrongfully withheld and advise landlords on how to document damages properly to avoid disputes. We also help landlords who have returned the deposit and are now being accused of withholding it.

What to Do if You Are Facing a Dispute With Your Landlord or Tenant

If you are facing a landlord-tenant dispute in Florida, the first step is to pause and gather information. Here are practical steps you can take right away:

1. Document everything. Keep a record of communications, including emails, text messages, and letters. Take photographs of the property if damage, repairs, or living conditions are at issue. If you’re a tenant in Miami Gardens dealing with mold, for example, photos and maintenance requests become critical evidence.
2. Review your lease agreement. Your lease is the foundation of your rights and obligations. It should outline payment schedules, repair responsibilities, and rules on pets, subletting, or early termination. Having this document ready when you speak with a lawyer saves time and clarifies the issues.
3. Know the deadlines and be ready to act quickly. Florida law sets strict timelines for things like returning deposits or serving eviction notices. A landlord who fails to provide notice within 30 days of withholding a deposit, for example, may lose the right to keep it. Similarly, tenants have only a few days to respond to certain eviction filings. Acting quickly is essential.
4. Avoid self-help measures. It may be tempting to change the locks on a tenant who hasn’t paid rent, or to withhold rent as a tenant until repairs are made. But Florida law strictly prohibits these “self-help” actions. Taking matters into your own hands can actually backfire and expose you to liability. Consult with a landlord-tenant dispute lawyer or verify the laws before you take any action that could harm you.
5. Seek legal advice early. Waiting too long often limits your options. A short consultation with Florida landlord-tenant dispute lawyers can clarify whether negotiation, mediation, or litigation is the best approach.

Not sure what to do in your case? At Flaxman Law Group, we make it easy to get answers quickly with consultations at our Miami, Hollywood, and Homestead offices (or virtually, if you prefer).

How a Florida Landlord-Tenant Dispute Lawyer Can Help You

Rental conflicts mean that tenants may fear losing their home, while landlords may feel powerless to protect their property. A lawyer bridges that gap by providing strategy and representation. An attorney can help by:

• Translating the law into plain English. Florida’s landlord-tenant statutes contain detailed rules about deposits, eviction notices, repairs, and lease terms. For someone unfamiliar with legal language, these statutes can feel impossible to navigate. At Flaxman Law Group, we break down the law into clear, practical steps so you know exactly where you stand.
• Anticipating challenges. With more than 60 years of combined experience, our attorneys know how landlords, property managers, and insurers approach disputes. That insider knowledge allows us to anticipate the other side’s tactics and prepare strong counterarguments.
• Negotiating before litigation. Not every dispute has to end up in court. Sometimes a well-drafted demand letter, backed by the weight of legal representation, is enough to resolve the issue. We often negotiate on behalf of tenants seeking deposits or landlords seeking compliance with lease terms.
• Litigating when necessary. If negotiation fails, litigation may be unavoidable. We represent clients in county courts across South Florida, from Miami-Dade to Broward to Monroe. Our familiarity with local judges and court procedures helps us move cases forward.
• Providing full-service support. What makes Flaxman Law Group unique is the way we go beyond courtroom representation. We’ve helped tenants displaced after hurricanes find temporary housing, and we’ve assisted landlords dealing with storm-related property damage by guiding them through insurance claims.

If you’d like to know more about how our law firm can help you in your specific situation, contact Flaxman Law Group for a consultation.

Resolving Disputes Through Mediation or Litigation

Mediation is often the first step in resolving landlord-tenant disputes in South Florida. It involves both parties sitting down with a neutral mediator. There are several benefits to mediation:

• It’s faster and less expensive than trial.
• It allows both parties to have a voice.
• It can preserve relationships, which is especially helpful in long-term rental arrangements.
• Solutions can be more creative than what a judge might order.

We often recommend mediation for disputes involving repairs, noise complaints, or misunderstandings about lease terms. For example, a tenant in Coral Gables might believe their landlord is responsible for fixing a broken appliance, while the landlord believes it’s the tenant’s duty. Mediation can bridge that gap.

When negotiations break down, litigation becomes necessary. Common litigation scenarios include:

• Evictions for nonpayment of rent or serious lease violations.
• Security deposit lawsuits when landlords fail to follow Florida’s strict notice requirements.
• Serious property damage.
• Instances involving serious injury on the premises due to property conditions.
• Habitability cases where tenants seek relief for unsafe living conditions, such as mold or storm damage.

Having experienced Florida landlord-tenant dispute lawyers by your side makes the process manageable. We handle filing the paperwork, gathering evidence, and presenting your case before the judge.