West Palm Beach Landlord-Tenant Litigation Attorney
The relationships between landlords and tenants often create complex legal issues that cannot be resolved without the assistance of an attorney. The West Palm Beach-based landlord-tenant attorneys at Pike & Lustig, LLP represent landlords in Palm Beach, Miami-Dade, Broward, and Martin counties.
Landlords and tenants each have a set of rights and responsibilities that arise out of the lease arrangement or rental agreement between them. Any residential or commercial lease will contain a number of expressed or implied warranties binding the landlord. Tenants, for their part, generally have the duties to make timely rent payments, make repairs and/or mitigate damages to the property, provide the landlord with reasonable access to the premises, and use the property in a way that does not violate local laws or ordinances or otherwise interfere with the use and enjoyment of other tenants. Disputes surrounding the performance of these duties can give rise to breach of contract litigation, eviction proceedings, or the seeking of injunctions or other equitable remedies.
Common Landlord-Tenant Disputes
Disputes between landlords and tenants go both ways. The tenant has a right to a peaceful, safe place to live while the landlord has a right to receive rent payments on time and see that their property and its neighbors are treated with kindness and respect.
Rights to Habitability and Repairs – Landlords are responsible for fixing and keeping the condition of their property habitable. For example, if the heating goes out in the winter, the landlord is legally obligated to make repairs. Tenants may have to take legal action if their landlord refuses to keep up normal repairs. Additionally, all tenants that are renting properties built before 1978 have a right to know certain information regarding lead and lead hazards present in their residence under federal statutes and regulations enforced by the Environmental Protection Agency.
Tenant Violations of City Codes – One concern that can arise and grow worse over time, is the tenant’s violation of certain city codes, such as occupancy limits, parking regulations, and noise restrictions. While the tenant may be subject to paying some of these fines, the landlord can also face citations as well. These violations can lead to an eviction and loss of security deposit, but if not handled properly, they can incite even more legal trouble.
Property Damage – Landlords are responsible for renovations and fixing damage that is caused by normal use throughout the years, such as a leaking roof or a worn-out carpet. Tenants, in most cases, are responsible for fixing damage that they cause to the property. Upon renewing a lease or finding new tenants, it is not uncommon for landlords to find that the property has been damaged – whether to a small or large degree. Deductions from the security deposit may be sufficient to cover minor damage, but, more serious damage will not likely be covered by the minimal security deposit and a lawsuit may be necessary to cover such costs. Moreover before a landlord may retain a security deposit, there are very specific procedures in the statutes that must be fulfilled.
Tenant’s Right to Non-Discrimination – This right is often violated by landlords attempting to limit the rental of their property in accordance with their discriminatory beliefs. The Civil Rights Act of 1968 Fair Housing Act prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex or national origin. Additional amendments made in 1988 expanded the coverage to include prohibiting discrimination based on disability and family status.
Late or Failure to Make Rent Payments – Many landlords impose a late fee for tenants who fail to pay rent on time. Additionally, if a tenant fails to pay rent at all, this can lead to an eviction and loss of security deposit. If property damage is added on top of this, the landlord may need to hire an attorney to receive the money they are owed. Additionally, if a tenant refuses to leave, failure to understand Florida’s eviction laws can get a landlord into legal trouble. For example, a landlord that accepts money from a tenant after the lease has been terminated may be forced to house the tenant for another month on a month-to-month basis if no eviction proceedings have been taken beforehand.
Full-Service Commercial Litigation for Florida Landlords
At Pike & Lustig, LLP, our West Palm Beach landlord-tenant attorneys handle commercial and residential evictions, constructive evictions, injunctions, acceleration of rent, collections, and several other areas involving landlord-tenant disputes. We will strategize with you and find the most cost-effective and efficient means of handling your matter in a timely fashion. While we have the ability to effectively represent both landlords and tenants, we streamline our practice by representing only landlords. This approach allows us to utilize our business-litigation experience to achieve timely and cost-effective resolutions for business owners. Once we have a full understanding of the dispute and the client’s needs and goals, we will zealously prosecute or defend any case. We will represent landlords from the very beginning of the dispute through trial.
West Palm Beach Landlord-Tenant Attorneys Committed to the Satisfactory Resolution of Lease Matters
If you are a landlord in dispute with a residential or commercial tenant regarding any aspect of your rental or lease agreement, contact Pike & Lustig, LLP at 561-291-8298. We serve clients throughout Palm Beach, Broward and Dade counties, including the communities of West Palm Beach, Boca Raton, Fort Lauderdale, Miami, Coral Gables, South Beach and more.
