No matter how much due diligence you put into finding the best tenants to trust your property to, there’s no guarantee that problems won’t arise. And when they do, a lot could be at stake.
At Fenstersheib Law Group, lawyers for landlord disputes are ready to assist with handling any number of issues that often come between a landlord and their tenant(s).
Landlord representation at Fenstersheib Law Group can include assistance with the following and more:
- Drafting lease agreements designed to prevent and resolve potential disputes
- Dealing with breaches of lease agreements
- Understanding the remedies available to landlords after a lease has been terminated
- Avoiding common pitfalls that limit the range of legal actions available to landlords
- Filing suit against tenants and pursuing these cases in court
- Ensuring that landlord attorney fees are paid by tenants when applicable under Florida statute
- Implementing rent increases
- Determining whether it’s appropriate to keep some or all of a security deposit and defending this decision
- Determining whether a landlord has the right to evict a tenant
- Initiating and carrying out all steps required to evict a tenant
- Dealing with claims of wrongful eviction by tenants
Residential vs. Commercial Landlord Disputes
Whether you’re already a commercial property landlord or considering becoming one, it’s imperative to understand the differences between commercial and residential leases.
Need-to-know distinctions between residential and commercial leases:
- The type of property being leased. A residential lease is for a residential property such as an apartment, house, or condo; a commercial lease is for a commercial property such as a warehouse, garage, office building, medical building, retail store, or hotel.
- How the property is used. A residential lease is an agreement between a landlord and a tenant, where the landlord provides a livable space for a tenant to live in. In contrast, a commercial lease is an agreement between a landlord and a business, where the space being leased is intended to be used for business purposes (i.e., to make a profit) rather than to live in.
- The legal duties of the landlord. For residential property, the landlord must maintain the structure and habitability of a dwelling unit compliant with the applicable building, housing, or health codes. In addition, the landlord may need to make reasonable provisions for access to water, heat, locks and keys, sanitation, smoke detector devices, and pest control. A commercial property landlord does not have these exact requirements, and maintenance is commonly the commercial tenant’s responsibility.
- Legal protections that apply to tenants. Should a residential landlord fail to address a problem that makes the property uninhabitable, the tenant may have a legal right to withhold rent and terminate the lease. A residential tenant enjoys more protections than a commercial tenant and can more easily justify terminating a lease agreement than a commercial tenant.
Top-Notch Landlord Dispute Lawyers in Florida at Fenstersheib Law Group
Any residential or commercial landlord who is anticipating or actively navigating a dispute with a tenant in Florida will benefit from contacting the best lawyer for landlord disputes in their area.
The Florida attorneys at Fenstersheib Law Group are well-qualified, prepared, and eager to evaluate your situation, discuss your options, and help you make well-informed decisions moving forward. Don’t hesitate to contact us whether you need some advice on a minor issue or are dealing with a multilayered problem involving a highly uncooperative tenant.
Fenstersheib Law Group Locations: Our main office is located in Hallandale Beach, Florida, and we have secondary Florida offices located in Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, & Jacksonville.
Get your questions answered - call us for your FREE consultation at 800-835-5762 & 954-456-2488