Lease disputes take many forms. On the residential side, a tenant stops paying after a roof leak goes unrepaired, a landlord withholds a security deposit for damage the tenant says was already there, or an owner needs a unit back and the tenant will not leave. On the commercial side, a retail tenant claims the landlord failed to deliver the space as promised, a restaurant falls behind after a slow season, or a landlord wants to end a long lease early to bring in a new tenant.
Florida separates these into two sets of rules. Part I of chapter 83 governs nonresidential tenancies, and Part II, the Residential Landlord and Tenant Act, governs dwelling units. The notices, the deadlines and the court procedures are different, and using the wrong one can set a case back weeks. Whichever side you are on, the record you keep from day one usually decides the outcome.
1. Keep the complete lease and every amendment
Gather the signed lease, renewals, amendments, guaranties, rules, and any side letters or emails that changed rent, term or repair duties. For commercial leases, include the work letter, estoppel certificates and any subordination agreement. Know which clauses address default, notice, repairs, assignment and attorney's fees.
2. Document the condition of the premises
Move-in and move-out photos and videos, inspection checklists and repair records are the core evidence in deposit and maintenance disputes. Date everything. Owners should keep invoices and vendor reports for every repair; tenants should keep photos of the problem and every written repair request.
3. Keep a rent and payment ledger
Owners should maintain a ledger showing each charge, payment, late fee and credit. Tenants should keep proof of every payment: bank records, receipts and payment app confirmations. Commercial leases often include common area maintenance, taxes and insurance charges; keep the reconciliations and the backup for each.
4. Save every notice exactly as served
Keep a copy of each notice, the date and method of delivery, and who delivered it. In Florida, a defective notice can derail an eviction or a tenant's termination, so the notice itself is a key exhibit.
5. Preserve communications
Keep texts, emails and portal messages between owner, manager and tenant. Communicate in writing whenever possible. Avoid threats and avoid discussing a tenant's personal circumstances in writing.
6. Do not use self-help
Residential landlords may not change locks, cut utilities or remove a tenant's belongings to force a tenant out. Commercial owners should also proceed through the court rather than taking matters into their own hands without advice. Tenants should not stop paying rent without first getting advice about the written notice the statute requires.
The Florida rules that matter
Residential notices. For unpaid rent, a landlord may terminate if rent remains unpaid within "3 days (excluding Saturday, Sunday, and legal holidays)" after a written demand for payment or possession (§ 83.56(3)). For other curable noncompliance, the landlord's notice gives the tenant "7 days from the date that the written notice is delivered" to cure; for noncompliance that cannot be cured, the tenant has 7 days to vacate (§ 83.56(2)). A tenant may terminate if the landlord does not correct a material noncompliance "within 7 days after delivery of written notice by the tenant specifying the noncompliance" (§ 83.56(1)).
Landlord's duty to maintain. A residential landlord must "Comply with the requirements of applicable building, housing, and health codes" (§ 83.51(1)(a)), but is not responsible for "conditions created or caused by the negligent or wrongful act or omission of the tenant" (§ 83.51(4)).
Security deposits. If the landlord does not intend to claim the deposit, it must be returned "within 15 days after the termination of the rental agreement." If the landlord intends to claim part of it, the landlord must, within 30 days, "provide the tenant written notice by certified mail," and a landlord who fails to do so "forfeits the right to impose a claim upon the security deposit" (§ 83.49(3)(a)). The tenant then has 15 days to object, and the prevailing party in a deposit lawsuit recovers costs and a reasonable attorney's fee (§ 83.49(3)(b), (c)).
Prohibited practices. A residential landlord may not interrupt utilities, change the locks or use "any bootlock or similar device," or remove the tenant's belongings except as the statute allows; a violating landlord owes the greater of actual and consequential damages or three months' rent, plus costs and fees (§ 83.67).
Rent into the court registry. In a residential eviction, a tenant raising any defense other than payment must deposit the alleged rent into the court registry; failure is "an absolute waiver of the tenant's defenses other than payment" and allows a default judgment for possession (§ 83.60(2)). In a nonresidential case that includes a claim for possession, § 83.232 requires the tenant to pay into the registry "the amount alleged in the complaint as unpaid" and rent accruing during the case, and failure to pay as ordered is "an absolute waiver of the tenant's defenses."
Commercial notices. For a nonresidential tenant who holds over after a rent default, the owner serves "3 days' notice in writing requiring the payment of the rent or the possession of the premises" (§ 83.20(2)). For other material breaches, where the lease is silent or the tenancy is oral at will, the notice is "15 days' written notice requiring the cure of such breach or the possession of the premises" (§ 83.20(3)). Most commercial leases set their own notice and cure terms, so read the lease first.
“3 days (excluding Saturday, Sunday, and legal holidays)”
§ 83.56(3)
“Comply with the requirements of applicable building, housing, and health codes”
§ 83.51(1)(a)
“within 15 days after the termination of the rental agreement.”
§ 83.49(3)(a)
“any bootlock or similar device,”
§ 83.67
“an absolute waiver of the tenant's defenses other than payment”
§ 83.60(2)
“3 days' notice in writing requiring the payment of the rent or the possession of the premises”
§ 83.20(2)
Your checklist
- Gather the lease, amendments, guaranties and any side agreements.
- Keep dated move-in, move-out and repair photos and records.
- Maintain or collect a complete rent and charges ledger.
- Save each notice with its date and method of delivery.
- Keep all communications in writing and preserve them.
- Avoid lockouts, utility shutoffs and unannounced rent withholding.
- Confirm whether Part I or Part II of chapter 83 applies before serving notice.
How we handle these cases
We represent owners and tenants in residential and commercial lease disputes, and we know these issues from both sides, including as property owners ourselves. We start with the lease and the notices, because they set the path, and then we decide whether the matter belongs in a quick possession case, a damages claim or a negotiated exit. We handle these disputes throughout Florida. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.