Fort Lauderdale Landlord-Tenant Attorney
Florida’s landlord-tenant relationship is governed by a specific body of law that imposes obligations on both property owners and renters. When disputes arise — over lease violations, security deposits, maintenance responsibilities, or eviction — understanding your legal rights under Florida law is essential. I’m Eric J. Goldman, and I represent both landlords and tenants in Fort Lauderdale, Broward County, and throughout South Florida in all aspects of landlord-tenant law.
Fort Lauderdale’s rental market is one of the most active in Florida, encompassing everything from single-family home rentals in Wilton Manors and Oakland Park to luxury apartment buildings downtown and seasonal rentals along the beach. Whether you own a single rental property or manage a portfolio of units, or whether you’re a tenant facing an unfair eviction or a habitability issue, my firm provides the legal guidance you need.
Florida Residential Landlord and Tenant Act
Chapter 83 of the Florida Statutes — the Florida Residential Landlord and Tenant Act — is the primary law governing residential rental relationships in our state. This statute establishes the rights and obligations of both landlords and tenants, the procedures for eviction, the rules for security deposits, and the remedies available when either party fails to comply. Every piece of advice I give and every action I take in landlord-tenant matters is grounded in this statute and the case law interpreting it.
Landlord Representation
Eviction Proceedings
When a tenant fails to pay rent or violates the lease, Florida law requires landlords to follow a specific statutory process before filing for eviction. This process includes serving the correct written notice — a 3-day notice for nonpayment of rent or a 7-day notice for lease violations under Section 83.56 — waiting for the notice period to expire, filing an eviction complaint in Broward County Court, and obtaining a final judgment of possession. Each step must be executed precisely. A defective notice, an incorrect filing, or a procedural misstep can result in dismissal of the eviction case and significant delays. I handle evictions efficiently and correctly, minimizing your vacancy period and lost rental income.
Security Deposit Compliance
Section 83.49 imposes strict requirements on how landlords handle security deposits. Within 30 days of receiving a security deposit, the landlord must notify the tenant in writing of the bank where the deposit is held and whether it is in an interest-bearing or non-interest-bearing account. After the tenant vacates, the landlord has 15 days to return the full deposit if no claim is being made, or 30 days to send a written notice of intent to impose a claim. Failure to comply with these timelines and notice requirements can result in forfeiture of the landlord’s right to make any claim against the deposit — regardless of the property’s condition. I ensure my landlord clients comply with every requirement.
Lease Drafting and Enforcement
A well-drafted lease is a landlord’s most important tool. I draft residential leases that comply with Florida law, clearly define the parties’ obligations, address common dispute scenarios, and provide enforceable remedies for violations. Topics I address include rent amount and due dates, late fees and grace periods, maintenance and repair responsibilities, pet policies, guest policies, subletting restrictions, property access provisions, and lease termination procedures.
Tenant Representation
Wrongful Eviction Defense
Not every eviction notice is valid, and not every landlord follows the law. I defend tenants against improper evictions, including cases where the landlord failed to provide proper notice, the notice contained errors in the amount owed, the landlord is retaliating against a tenant who reported code violations, or the eviction violates federal or state fair housing laws. Tenants have meaningful rights under Florida law, and I make sure those rights are protected.
Habitability and Maintenance Issues
Under Section 83.51, landlords have an obligation to maintain the premises in compliance with applicable building, housing, and health codes. When a landlord fails to make necessary repairs — a broken air conditioning system in a South Florida summer, a roof leak, mold growth, or pest infestation — tenants have legal remedies. I advise tenants on the proper procedures for requesting repairs and, when necessary, pursuing legal action to compel the landlord to fulfill maintenance obligations.
Security Deposit Recovery
If your landlord has wrongfully withheld your security deposit — by failing to provide timely notice, making improper deductions, or simply refusing to return the deposit — I can help you recover what you’re owed. Under Florida law, a tenant who prevails in a security deposit dispute may also be entitled to recover attorney’s fees, which means that pursuing a wrongful withholding claim may cost you nothing out of pocket.
Common Landlord-Tenant Issues in Fort Lauderdale
South Florida’s rental market produces certain recurring issues that I handle regularly:
- Short-term rental conflicts: Fort Lauderdale has specific regulations governing short-term rentals, and lease provisions addressing platforms like Airbnb and VRBO are increasingly important
- Hurricane and storm damage: When rental property is damaged by a hurricane, questions arise about rent obligations, repair timelines, and lease termination rights
- Condo and HOA rental restrictions: Many condominium and homeowners’ associations in Broward County impose rental restrictions, approval requirements, and minimum lease terms that affect both landlords and tenants
- Seasonal rental disputes: Fort Lauderdale’s seasonal rental market creates unique issues around lease duration, security deposits, and property condition
Frequently Asked Questions About Florida Landlord-Tenant Law
How long does the eviction process take in Broward County?
From the date the notice is served, the eviction process in Broward County typically takes 3-6 weeks for an uncontested eviction (where the tenant does not respond to the complaint). If the tenant contests the eviction, the process can take 2-3 months or longer, depending on the court’s calendar and the complexity of the issues. Proper notice and correct filing are essential to avoiding delays — any procedural error can add weeks to the timeline.
Can a landlord raise rent at any time in Florida?
For month-to-month tenancies, a landlord can raise rent with at least 15 days’ written notice before the start of the next rental period. For tenants with a fixed-term lease, the landlord generally cannot raise rent until the lease term expires, unless the lease specifically provides for increases. Florida does not have statewide rent control, though some local provisions may apply in limited circumstances.
What can a landlord deduct from a security deposit?
A landlord may deduct from the security deposit for unpaid rent, damage to the property beyond normal wear and tear, and other charges specifically authorized by the lease agreement. Normal wear and tear — such as minor scuff marks, faded paint, or worn carpet — is not a permissible deduction. Disputes over what constitutes “normal wear and tear” versus “damage” are among the most common landlord-tenant disagreements I handle.
Can a tenant withhold rent if the landlord won’t make repairs?
Florida law provides a specific procedure for tenants when landlords fail to maintain the property. Under Section 83.60, the tenant must provide written notice to the landlord specifying the maintenance issue. If the landlord fails to address the issue within 7 days (or a reasonable time, depending on the nature of the problem), the tenant may withhold rent. However, the procedure must be followed precisely — withholding rent without proper notice can result in an eviction for nonpayment. I always advise tenants to consult with me before withholding rent.
What notice is required to end a month-to-month tenancy?
Either the landlord or the tenant may terminate a month-to-month tenancy by providing written notice at least 15 days before the end of any monthly period, as specified in Section 83.57. The notice must be in writing and delivered in compliance with the statute. For longer tenancy periods (such as quarter-to-quarter), longer notice periods apply.
Get Legal Help With Your Landlord-Tenant Matter
Whether you’re a landlord dealing with a non-paying tenant or a tenant facing an unjust eviction, the law provides specific rights and procedures that must be followed. I help clients on both sides of landlord-tenant disputes navigate Florida law effectively.
Call Eric J. Goldman, P.A. at (954) 536-7557 to discuss your landlord-tenant matter. For an overview of my full practice, visit my real estate law page. If your matter involves a property ownership dispute, learn about my property dispute services.