Landlord-Tenant Lawyer Broward County

Landlord-Tenant Law

Hughes Real Estate Law represents landlords and tenants across Broward County in lease disputes, evictions, security deposit claims and repair problems. Attorney Joseph Hughes handles these matters under Chapter 83 of the Florida Statutes, which includes the Florida Residential Landlord and Tenant Act and the rules for commercial tenancies. Whether you own one rental unit in Fort Lauderdale, manage a portfolio across the county, or are a tenant holding an eviction notice, the first step is understanding where you stand under Florida law.

Who We Represent

Landlords and Property Owners

We draft and review leases, prepare and serve notices, file evictions, recover unpaid rent and damages, handle security deposit claims, and set up ownership entities for rental portfolios. Landlords who want a closer look at our services can visit our Fort Lauderdale landlord attorney page.

Tenants

We defend tenants in eviction cases and help them recover security deposits, enforce repair obligations, and respond to lockouts or utility shutoffs, which Florida law prohibits. Tenants can learn more on our Fort Lauderdale tenant attorney page.

How an Eviction Works in Broward County

  1. Written notice. For unpaid rent, the landlord serves a 3-day notice to pay or leave, not counting weekends or legal holidays. For other lease violations, the landlord serves a 7-day notice, either to cure the problem or, for serious or repeated violations, to vacate.
  2. Complaint filed in Broward County Court. If the tenant does not pay or move out, the landlord files an eviction complaint and has the tenant served with a summons.
  3. Five days to respond. The tenant has five days, not counting weekends and legal holidays, to file a written answer. A tenant who raises any defense other than payment must generally deposit the rent claimed into the court registry, or the landlord may be entitled to a default.
  4. Judgment and writ of possession. If the landlord wins, the clerk issues a writ of possession. The Broward Sheriff’s Office posts a 24-hour notice before the landlord can retake the unit.

A defect in the notice or the complaint can send a landlord back to the beginning, and a tenant who misses the five-day deadline can lose by default. Getting the first step right matters on both sides.

Florida Rules Every Broward Landlord and Tenant Should Know

  • Security deposits: If the landlord does not intend to make a claim, the deposit must be returned within 15 days after the tenant moves out. To make a claim, the landlord must send written notice by certified mail within 30 days, and the tenant then has 15 days to object.
  • Landlord entry: For repairs, the landlord must give at least 24 hours’ notice and enter between 7:30 a.m. and 8:00 p.m., except in an emergency.
  • Month-to-month tenancies: Either side can end a month-to-month tenancy with at least 30 days’ written notice before the end of a monthly rental period.
  • No self-help evictions: A landlord cannot change the locks, remove doors or belongings, or cut off utilities to force a tenant out.
  • No retaliation: A landlord cannot evict or raise rent because a tenant made a good-faith complaint to a government agency or exercised legal rights.
  • Statewide rules: Since July 2023, state law has preempted most local regulation of residential tenancies, so Chapter 83 governs rentals throughout Broward County.

Landlord-Tenant Matters We Handle

Leases

  • Residential and Commercial
  • Single and Multi-Family
  • Oral and Written
  • Month-to-Month and Yearly
  • Lease Review and Negotiations
  • Unconscionable Terms
  • Validity and Enforceability
  • Liquidated Damages
  • Mandatory and Beneficial Provisions
  • Subleases and Assignments
  • Assumptions of Leases
  • Waivers
  • Tenant Estoppels
  • Unlawful Detainers and Ejectments

Landlord and Tenant Duties

  • 7-Day Notices for Lease Violations
  • Duties to Repair
  • Implied Warranty of Habitability
  • Implied Duty of Good Faith
  • Express Warranties

Evictions

  • Uncontested and Contested
  • 3-Day Notices for Nonpayment of Rent
  • 30-Day Notices to End Month-to-Month Tenancies
  • Retaliatory Evictions
  • Constructive Evictions
  • Summary Procedure
  • Double Rent for Holdover Tenants

Litigation

  • Summonses and Complaints
  • Service of Process
  • Court Registry Deposits
  • Defaults and Default Judgments
  • Motion Practice
  • Pretrial Conferences
  • Bench and Jury Trials
  • Appeals
  • Writs of Possession

Security Deposits

  • Segregated Escrow Accounts
  • Notice Requirements
  • Normal Wear and Tear Deductions
  • Walkthrough Documentation
  • Advance Rents
  • Civil Theft and Conversion
  • FCCPA Damages
  • Actual, Consequential, and Punitive Damages
  • Pet Deposits

Landlord Entity Startup and Operations

  • Legal Planning and Risk Mitigation
  • Premises Liability
  • Entity Selection
  • Holding Entities
  • Operating Entities
  • Registered Agent Services
  • Asset Protection
  • Florida LLCs
  • Foreign LLCs
  • Series LLCs
  • Single and Multi-Owned LLCs
  • Partnerships
  • S Corps
  • C Corps
  • d/b/as
  • Land Trusts
  • Discretionary Trusts
  • Living Trusts
  • Dodd-Frank Compliance
  • Operating and Partnership Agreements
  • Independent Contractor Contracts
  • W-2 Employee Contracts
  • Piercing the Corporate Veil
  • The Respondeat Superior Doctrine
  • Minutes Meetings

Rental Property Acquisitions and Sales

  • Real Estate Contract Review and Negotiation
  • General Warranty Deeds
  • Special Warranty Deeds
  • Quitclaim Deeds
  • Title Abstracts and Opinions
  • Lien Subordination and Removal
  • HOA and CA Estoppels
  • Quiet Title Actions
  • Escrow Services
  • Closings

Serving Fort Lauderdale and All of Broward County

We handle landlord-tenant matters in Fort Lauderdale, Hollywood, Pompano Beach, Lauderhill, Plantation, Wilton Manors, Oakland Park and other Broward cities. Residential eviction and most lease cases are filed in Broward County Court, part of Florida’s Seventeenth Judicial Circuit.

Frequently Asked Questions

Can a Florida landlord end a tenancy without a reason?

A lease for a fixed term generally runs to its end date unless one side breaches it. A month-to-month tenancy can be ended by either side with 30 days’ written notice, and Florida law does not require the landlord to give a reason. A landlord still cannot end a tenancy to retaliate against a tenant or for a discriminatory reason.

How long does a landlord have to return a security deposit?

Fifteen days after the tenant moves out if the landlord is not making a claim. If the landlord is keeping part or all of the deposit, written notice of the claim must go out by certified mail within 30 days. A landlord who misses that deadline can lose the right to make a claim.

Can a tenant withhold rent if the landlord will not make repairs?

Only after following the statute. The tenant must first give the landlord written notice describing the problem and allow 7 days for the repair. Withholding rent without that notice can lead to an eviction for nonpayment, so tenants should get advice before they stop paying.

How long does an eviction take in Broward County?

An uncontested eviction for unpaid rent often moves from notice to writ of possession in a few weeks. Contested cases, cases involving rent deposited into the court registry, and cases with service problems take longer.

Talk to a Broward County Landlord-Tenant Lawyer

If you are dealing with a lease dispute, an eviction or a security deposit claim, call Hughes Real Estate Law at (954) 256-5125 to discuss your situation with attorney Joseph Hughes.