Landlord-tenant disputes attorney Miami

You are here: Home » Landlord-tenant disputes

At Gallardo Law Firm we are experienced litigators at handling all aspects of landlord-tenant litigation. A landlord-tenant disputes attorney Miami skilled at representing a variety of landlord-tenant disputes can help you avoid common litigation issues or disagreements that may arise, and provide the best path towards a resolution.

When it comes to landlord-tenant disputes, time is of the essence. By the time a client consults a landlord-tenant disputes attorney Miami, the tenant has already missed payments, or landlord filed a lawsuit. That’s why is crucial that you hire a landlord-tenant disputes attorney with extensive experience in all facets of the relationship between the proprietor and lessee. Owning or renting a property may cause a variety of problems only an experienced landlord-tenant disputes attorney Miami is equipped to handle.

As a landlord or tenant, you should get informed and know your legal rights and responsibilities, which we are about to cover in this article. We will show you how to handle residential and commercial landlord-tenant disputes, missed rent payments, and mention relevant topics such as your rights under the landlord-tenant law in Florida, evictions, breach of commercial lease, and frequently asked questions.

Handling Landlord-Tenant Disputes in Miami

We represent landlords and tenants in a wide variety of disputes. Whether that includes lease agreement disputes, wrongful eviction, rent dispute with the landlord, security deposit disputes, repairs, or any other issue we can help you take legal action so you can focus on what needs to be accomplished. We will help you to file complaints correctly and represent you in all hearings and negotiations. A qualified landlord-tenant disputes attorney Miami can put you in the best position to succeed.

Commercial Landlord-Tenant Disputes

Handling commercial landlord-tenant disputes is not as easy as it seems. Whether you are a landlord or tenant, you need a landlord-tenant disputes attorney Miami to provide legal advocacy on your behalf. At Gallardo Law Firm we seek the best resolutions for your case through negotiation, arbitration, mediation, and landlord-tenant litigation. Some of the most common situations we handle include:

  • Missed rent payments
  • Leased premises that aren’t well kept
  • Commercial lease termination
  • When tenants are not authorized to use the property
  • Disputes about repair obligations
  • Subleases or assignments disputes
  • Preparing, negotiating and reviewing commercial leases

Residential Landlord-Tenant Disputes

Moving into a new home or apartment can be both an extraordinary and challenging experience. Most tenants don’t take a look at their lease before signing it and ignore their tenant rights and responsibilities. All the rules and regulations in the contract should be carefully considered otherwise landlords, as well as tenants, will be exposed to fraud if one of the parties does not act in good faith. If your landlord rights or tenants’ rights have been violated and you have suffered financially because of it, you should learn the legal rights of renters and hire a landlord-tenant disputes attorney to take a closer look at your circumstances and determine the best course of action.

Common litigation cases under Landlord-tenant law in Florida

Tenants and landlords who have been wronged should seek assistance to determine if their rights have been violated, and help them collect appropriate compensation. At Gallardo Law Firm, we understand that landlord-tenant disputes can be time-consuming and difficult to handle on your own. We like to fight for the tenants’ rights and landlord rights across south Florida and ensure that you receive fair compensation.

Non-payment of rent

Florida landlords must notify tenants at least three days in advance so they can pay the rent or move. There are specific rules for ending a tenancy when there are missed rent payments. Rent is due on the day specified in your lease or rental agreement. Residents who don’t pay rent have to pay late fees unless the lease agreement does not include them. Late rent fees are not covered under Florida state law. Therefore, your landlord should not charge you any other costs than the ones stated in the lease or rental agreement.

Evictions

The eviction process in Florida can take anywhere from a couple of weeks to a few months. The necessary steps of filing an eviction include:

  • Giving notice to the tenant – The amount of time given to the tenant is based on the reason for the notice. The tenant can either correct the situation or leave the property. Sometimes the tenant is given as little as a few days or as much as 15 days to pay the rent and leave.
  • Filing the eviction – If the tenant fails to respond to the notice, the landlord can file an eviction in a local court with the help of a landlord-tenant disputes attorney.
  • Tenants receive the eviction notice – If the person providing the eviction paperwork is unable to get in touch with the tenant, the documents are posted on the premises.
  • Tenants need to respond five days after the documentation is posted. That includes weekends as well as holidays. The renter may be required to pay some rent to the court registry. If the tenant fails to respond within the allotted time, the case will move quickly. If the tenant replies, the eviction can become a long process and may even go to trial.

Most residential evictions in Florida occur due to missed rent payments or in violation of the lease agreement. Removals are action by the landlord that owns the property. Tenants also have rights under the Florida Residential Landlord and Tenant Act. There are times when occupants stop paying rent because landlords are not fulfilling their obligations. Landlords are required by law to provide written message to the tenant. The notice must include the reasons for termination. The notice must follow specific form, or it will be categorized as defective. Some of the possible defenses tenants can use include:

  • Inappropriate notice
  • The tenant doesn’t have the money to pay
  • Property is not well maintained
  • Waiver.
  • Discrimination and retaliatory conduct

Breach of commercial lease

Under Florida law, both the landlord and tenant are considered equal parties when entering into an agreement. That is entirely different from residential contracts where the property-owner has more authority. The most common types of disagreements about commercial space involve the commercial lease non-payment of rent and evictions. Commercial lease agreements are more complicated than residential contracts requiring the intervention of a landlord-tenant disputes attorney when disputes arise.

Commercial tenants can face many issues including problems with the terms of the lease agreement, which may limit actions against the landlord or tenant. In most commercial situations the law will follow the lease since agreements address issues related to maintenance, repair and property damage. Unfortunately, some renters sign away their rights unknowingly. In any case, a landlord can bring an eviction against the tenant only after providing a three day written notice. Legal assistance is vital in such instances as failure to act timely can cause the loss of valuable rights for both the landlord and tenant.

At Gallardo Law Firm, we assist both landlords and tenants in residential and commercial matters. Landlords can also protect themselves when involved in a commercial real estate lease. Some ways they can protect themselves include:

  • Run a credit check to ensure the financial status of the tenant.
  • Collect a security deposit
  • Verify tenant’s insurance coverage
  • Maintaining control of transferring tenants

A landlord-tenant disputes attorney Miami can help you

At Gallardo Law Firm we have experience in successfully representing landlords and tenants with their legal matters. Legislatures of the federal government and state legislatures have approved many laws over the years to help regulate the relationship between property-owners and residents. Whether you are a landlord or tenant, we are here to answer any questions you may have. We can represent you throughout all issues that may arise including drafting and reviewing leases and land contracts, mediation, and landlord-tenant litigation.

If you are a landlord who needs to start the eviction process and collect unpaid rent, you should first ask a landlord-tenant disputes attorney Miami since this process can be daunting. Likewise, tenants who believe they are disrespected and threatened with an eviction need an advocate who knows how to protect the legal rights of renters and correct the landlord’s deficiencies.

FAQS
The state of Florida doesn’t have a statute of limitations on rent increase or change of terms unless specified in the rental agreement. In other words, the landlord must give the same amount of notice the states requires when ending the tenancy, which is 15 days. Landlords can’t increase the rent until the lease ends unless the contract specifies such increase.
Unfortunately, not all arguments can be solved with a conversation between parties. Some people may choose a mediator to help them communicate and come to an agreement. However, if you have tried to negotiate a landlord-tenant dispute and you aren’t getting the results you want, you need to speak with a landlord-tenant disputes attorney and figure out what’s the best course of action.
The written agreement should include the amount of notice required. If there is no written agreement, appropriate notice will be seven days for weekly rentals or 30 days for monthly rentals.
The landlord is expected to return the deposit, but sometimes this won’t happen. In such cases, tenants can try negotiating with the landlord or send them a demand letter. You can also take the issue to a small claims court in charge of security deposit disputes.
The property must be kept in good condition notwithstanding the tenants’ conduct. When you sign the rental agreement, the landlord should provide you with the contact information of the person in charge of repairs.
You should give the landlord written notice together with a warning that you will move out if the repairs are not made in two weeks. If the landlord doesn’t make any repairs, you are free to leave without paying any additional rent. However, this is only available to tenants whose safety is at risk due to problems with repairs.
The landlord can enter a home without notice only in cases involving emergencies or repairs such as a broken water pipe, or a fire. Otherwise, tenants should be given a 24-hour notice.
It is very challenging to agree without having a lease. As a contract that binds both parties to some rights and obligations, a lease can help both sides clarify things and solve disputes over specific terms. If things go wrong, you can file a breach of contract lawsuit.
CONSULT WITH US YOUR CASE