Lease Disputes in Florida

Lease disputes under Florida law can be complex, involving careful attention to the rights and duties specified by state statutes. At the Law Offices of Adam G. Hill, clients receive tailored guidance and vigorous representation in all residential and commercial lease conflicts.

Understanding Lease Disputes

Florida lease disputes often involve:

  • Nonpayment of rent: Landlords must provide a written three-day notice before filing for eviction (Fla. Stat. § 83.56(3)).
  • Property repairs and maintenance: Landlords are generally responsible for maintaining safe and habitable premises (Fla. Stat. § 83.51).
  • Security deposit disputes: Must be handled according to procedures in Fla. Stat. § 83.49.
  • Notice requirements: All notices regarding lease breaches or terminations must be in writing and delivered per statute (Fla. Stat. § 83.56).
  • Illegal evictions: Self-help evictions (changing locks, cutting off utilities) are strictly prohibited, and landlords can be liable for damages (Fla. Stat. § 83.67).

Our Approach to Lease Dispute Resolution

The Law Offices of Adam G. Hill provide:

  • Detailed review of lease agreements and statutory obligations under the Florida Residential Landlord Tenant Act and relevant sections of Chapter 83, Florida Statutes.
  • Assistance with properly drafting and serving all required breach or termination notices, ensuring strict compliance with Florida law.
  • Skilled negotiation, mediation, and, when necessary, litigation services, including eviction actions, claims for damages, and defense against improper eviction.
  • Guidance for both landlords and tenants regarding payment of disputed amounts into court, preserving all statutory rights and defenses (Fla. Stat. § 83.232).

Key Aspects of Florida Lease Law

  • Residential leases are governed by the Florida Residential Landlord Tenant Act (Part II, Chapter 83, Florida Statutes).
  • Commercial leases are mainly governed by contract but may incorporate select statutory requirements.
  • Security deposits must be returned within 15 days of vacancy unless the landlord provides written intent to withhold within 30 days (Fla. Stat. § 83.49).
  • Proper notice and written documentation are required by law for almost all steps in the dispute process.
  • No rent withholding without giving proper notice of issues as detailed in Fla. Stat. § 83.201.

Frequently Asked Questions

What are the first steps for a landlord who hasn’t been paid rent?
The landlord must deliver a written three-day notice advising the tenant to pay or vacate before starting eviction (Fla. Stat. § 83.56).

Can I stop paying rent if my landlord won’t make repairs?
Only after giving proper notice of the problem in writing and waiting a reasonable time for repairs, as allowed in Fla. Stat. § 83.201. Consult an attorney before withholding rent.

How must lease breach or termination notices be delivered in Florida?
All notices must be in writing and either hand-delivered or mailed—even if the lease is oral (Fla. Stat. § 83.56).

How are security deposit disputes resolved?
Landlords must notify tenants in writing within 30 days of intended deductions, or return the deposit within 15 days of move-out (Fla. Stat. § 83.49).

What if my landlord tries to evict me without a court order?
Any self-help eviction is illegal. Tenants can sue for damages and attorneys’ fees (Fla. Stat. § 83.67).

How does month-to-month lease termination work in Florida?
Either party must give at least 15 days' written notice before the end of the rental period (Fla. Stat. § 83.57).

Who is responsible for repairs?
Landlords are responsible for most repairs unless the written lease shifts those duties, especially for single-family homes or duplexes (Fla. Stat. § 83.51).

Can either party terminate the lease early?
Only as allowed by statute or the lease agreement. Early termination fees or liquidated damages may apply (Fla. Stat. § 83.595).

What is required if a tenant contests the rent amount in court?
The tenant must deposit the disputed rent amount into the court registry to preserve defenses (Fla. Stat. § 83.232).

Contact Law Offices of Adam G. Hill

For confident guidance and effective resolution of any Florida lease dispute, reach out to the Law Offices of Adam G. Hill. Our extensive litigation experience and deep knowledge of Florida law ensures protection of your property rights and peace of mind at every stage. Call us for a free consultation or send a message through our Contact page and we will contact you to discuss your case.