Disputes and residential and commercial lease agreements in Fort Lauderdale cover two of the most active areas of real estate law in Broward County. Lease disputes between landlords and tenants arise constantly — unpaid rent, security deposit disagreements, habitability violations, early termination conflicts, and unlawful evictions. At the same time, a poorly drafted lease agreement creates the conditions for every one of these disputes. A Fort Lauderdale lease attorney drafts agreements that hold up in court and resolves disputes efficiently when they arise — whether through negotiation, mediation, or litigation.
Joseph Hughes handles residential and commercial lease agreements and disputes throughout Fort Lauderdale and Broward County. Hughes Real Estate Law drafts leases for landlords and tenants, reviews existing agreements for legal deficiencies, and represents clients in lease disputes from the first demand letter through circuit court litigation. Joseph Hughes works every case personally.
This page covers Florida lease law, the most common lease disputes in Fort Lauderdale, and when you need an attorney to protect your rights as a landlord or tenant in Broward County.
Florida Lease Law: The Governing Framework
Residential leases in Florida are primarily governed by Chapter 83 of the Florida Statutes — the Florida Residential Landlord and Tenant Act. This statute sets mandatory requirements for:
- Security deposit handling — Deposits must be held in a separate account or bonded. Written notice must be sent within 30 days of receiving the deposit, specifying how it is held.
- Notice requirements for termination — Notice to pay or vacate, notice to cure, and notice of termination all have specific timelines that must be followed precisely.
- Landlord entry rights — Landlords must give at least 12 hours’ notice before entering a rental unit except in emergencies.
- Habitability obligations — Landlords must maintain the premises in a condition fit for habitation and make required repairs within a reasonable time after proper notice.
- Eviction procedures — Florida eviction law requires exact compliance with notice procedures. Any defect in the notice process dismisses the eviction case.
Commercial leases are governed primarily by contract law and Chapter 83, Part I of the Florida Statutes. Commercial landlords and tenants have significantly more flexibility in drafting lease terms — which makes having an attorney draft or review the lease before signing critically important.
Common Lease Disputes in Fort Lauderdale
| Dispute Type | What Triggers It |
|---|---|
| Security Deposit Disputes | Landlord withholds deposit improperly or fails to provide required notices |
| Unpaid Rent | Tenant fails to pay rent — triggers the eviction process under Chapter 83 |
| Habitability Claims | Landlord fails to make required repairs — tenant withholds rent or terminates lease |
| Unlawful Eviction | Landlord removes tenant without following proper legal procedures |
| Early Termination Disputes | Tenant breaks the lease before the end date — disagreement over damages and obligations |
| Lease Renewal Disputes | Disagreement over renewal terms, rent increases, or whether a lease automatically renewed |
| Commercial Lease Violations | Tenant violates use restrictions, subletting provisions, or exclusive use clauses |
| Personal Guarantee Disputes | Commercial landlord pursues personal guarantor after business tenant defaults |
Security Deposit Disputes in Florida
Florida’s security deposit statute is strict — and it penalizes landlords who don’t follow it. A landlord who fails to give proper written notice of how the deposit is held, or who withholds a deposit without sending a proper itemized claim within 30 days of the tenant moving out, forfeits the right to keep any portion of the deposit and may owe the tenant’s attorney fees.
Tenants who wrongfully withhold rent or damage property beyond normal wear and tear face deposit deductions and potential claims for the balance. A Fort Lauderdale lease attorney handles security deposit disputes for both landlords and tenants — recovering wrongfully withheld deposits and defending against improper deduction claims. Joseph Hughes handles evictions in Fort Lauderdale and the security deposit litigation that often follows.
Commercial Lease Drafting and Disputes
Commercial leases are among the most legally significant contracts a business owner signs. The lease terms — rent escalation clauses, personal guarantee obligations, exclusivity provisions, maintenance responsibilities, and buildout allowances — can affect a business’s financial health for years. Unlike residential leases, commercial leases have very few statutory protections. The contract is the law between the parties.
Joseph Hughes drafts and reviews commercial lease agreements in Fort Lauderdale for landlords and tenants — identifying provisions that create unacceptable risk before the lease is signed. When commercial lease disputes arise over rent, assignment rights, subletting, or early termination, Hughes Real Estate Law handles the dispute through demand, negotiation, and litigation in Broward County Circuit Court. The Florida Bar’s consumer resources confirm that lease disputes are among the most common real estate legal matters in South Florida.
Lease Agreement Drafting: Why It Matters
Most lease disputes in Fort Lauderdale are rooted in poorly drafted lease agreements — ambiguous repair clauses, vague termination provisions, unclear security deposit procedures, or missing Florida-required disclosures. A lease drafted by a Fort Lauderdale lease attorney includes all required statutory provisions, defines each party’s obligations clearly, and provides enforceable remedies when those obligations are violated.
Having an attorney draft your lease is a one-time cost that prevents years of disputes. Having an attorney review a lease before you sign it as a tenant can identify clauses that expose you to liability you didn’t know you were accepting. Purchase and sale agreements and lease agreements are both binding contracts — both deserve attorney review before signing.
Local Resources for Fort Lauderdale Lease Disputes
| Resource | What It Provides | Link |
|---|---|---|
| Florida Senate — Chapter 83 | Full text of Florida’s Residential Landlord-Tenant Act | flsenate.gov |
| Broward County Circuit Court | Eviction filings, civil lease dispute cases, case records | browardclerk.org |
| Broward County Housing Authority | Housing resources, tenant rights information, rental assistance programs | bchafl.org |
| Florida Bar Consumer Resources | Tenant and landlord legal guides for Florida lease disputes | floridabar.org |
Frequently Asked Questions
| Question | Answer |
|---|---|
| What notice must a Florida landlord give before eviction? | For nonpayment of rent, a 3-day notice to pay or vacate. For lease violations, a 7-day notice to cure or a 7-day unconditional quit notice depending on the severity. Exact compliance with these timelines is required. |
| Can a landlord keep my security deposit in Florida? | Only if proper written notice is sent within 30 days specifying the amount and reason for deduction. Failure to follow the statutory procedure forfeits the landlord’s right to keep any part of the deposit. |
| What are my rights if my landlord won’t make repairs? | Florida law allows tenants to withhold rent or terminate the lease after giving the landlord written notice and a 7-day cure period for material habitability violations. A Fort Lauderdale lease attorney advises on the proper procedure. |
| Does Joseph Hughes draft commercial leases? | Yes. Hughes Real Estate Law drafts and reviews both residential and commercial lease agreements throughout Fort Lauderdale and Broward County. |
| Can a commercial landlord sue me personally if my business breaks the lease? | If you signed a personal guarantee, yes. Personal guarantees on commercial leases are enforceable in Florida. A Fort Lauderdale lease attorney reviews guarantee obligations before you sign. |
Lease Disputes Resolved. Lease Agreements Done Right.
Hughes Real Estate Law handles residential and commercial lease agreements and disputes in Fort Lauderdale for landlords, tenants, investors, and businesses throughout Broward County. Call (954) 256-5125 or visit our contact page to schedule your consultation today.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale real estate law firm focused exclusively on Florida property law. Joseph Hughes handles lease drafting, review, and dispute resolution for both residential and commercial matters throughout Broward County. The firm serves Fort Lauderdale, Hollywood, Pompano Beach, Davie, Coral Springs, Dania Beach, Wilton Manors, Oakland Park, Sunrise, and Margate. Call (954) 256-5125 to speak with a Fort Lauderdale lease attorney directly.
