Miami Landlord Tenant Attorney
A Miami landlord tenant attorney starts with the lease, the notice and the procedural clock. Florida eviction and possession cases can turn on whether the required notice was served correctly and, in commercial possession cases, whether chapter 83, Florida Statutes, requires rent to be paid into the court registry. Aaron Resnick, a Miami landlord tenant attorney with Law Offices of Aaron Resnick, represents commercial landlords and tenants, and owners in larger residential disputes, in Miami Dade, Broward and Palm Beach counties. Aaron knows the law. He knows both sides. And he knows Miami.
The firm represents both sides, landlords and tenants, which is how it knows where each side's case is weakest: lease drafting and review, rent and possession cases, breach and default disputes, security deposits, landlord liens and the lawsuits that follow.
How Does a Commercial Eviction Start in Florida?
With written notice. Under chapter 83, Florida Statutes, a landlord owed unpaid commercial rent serves 3 days' written notice demanding the rent or possession. For another material breach, when the lease is silent, the notice gives 15 days to cure. The landlord then files in the county where the premises sit, and the case moves under the summary procedure in chapter 51, Florida Statutes.
Aaron Resnick checks the lease, the notice and how it was served before anything is filed or answered.
How Fast Does a Florida Commercial Eviction Move After Filing?
Fast. Chapter 83, Florida Statutes, sends a removal action into the summary procedure in chapter 51, Florida Statutes, and under that procedure the tenant's answer is due within 5 days after service of process. That compressed schedule makes the complaint, the notice, the service record and any rent registry dispute important immediately, not after ordinary civil deadlines.
Aaron Resnick reads the service papers first and protects the response date.
Does a Commercial Tenant Have to Pay Rent Into the Court Registry?
Generally yes. When the landlord sues for possession, chapter 83, Florida Statutes, requires the tenant to deposit accrued rent into the court registry and keep depositing rent as it comes due. If the tenant contests the accrued amount, the court determines the amount to deposit, and a pleaded defense of payment or satisfaction is treated separately. A tenant that does not pay as ordered waives its defenses to possession, and the landlord can get an immediate default for possession. A counterclaim for money does not excuse the deposit. That hearing is limited to whether rental payments were properly credited and what the lease treats as rent.
Aaron Resnick checks the ledger and the lease definition of rent before the deposit is made or disputed.
Does a Florida Commercial Landlord Have a Lien on the Tenant's Property?
Yes. Chapter 83, Florida Statutes, gives a landlord owed rent a lien on the tenant's property usually kept on the leased premises, superior to any lien acquired after the property was brought there, and the statute reaches property found on or off the premises. For a landlord, the lien can affect equipment and inventory. For a tenant or lender, the lien and its priority rules should be reviewed before collateral is financed, sold or moved.
Aaron Resnick looks at what is on the premises, who has a security interest in it and what the lease says before advising either side.
Can a Florida Commercial Landlord Stop a Tenant From Removing Property When Rent Is Due?
Sometimes. Florida allows a landlord owed rent to seek a distress writ. The landlord must file a verified complaint and post the bond the statute requires before the writ issues, and the writ can stop property liable to distress from being damaged, hidden, sold or removed while the court process continues (chapter 83, Florida Statutes).
Aaron Resnick decides with the client whether that tool fits the facts or whether a possession case alone does.
How Much Notice Does a Florida Residential Landlord Give for Unpaid Rent?
Three days, not counting Saturday, Sunday and court observed holidays, after the landlord delivers a written demand for the rent or possession (chapter 83, Florida Statutes, part II). The notice may be mailed, delivered, emailed as the statute allows, or left at the residence if the tenant is absent, and the rental agreement cannot waive it.
Aaron Resnick checks the notice for the right amount, the right method and the right count of days.
How Long Does a Florida Landlord Have to Return a Security Deposit?
Fifteen days if the tenant has vacated for termination of the rental agreement and the landlord makes no claim. If the landlord intends to make a claim, the landlord must give written notice within 30 days after termination by certified mail to the tenant's last known mailing address or by email as the statute allows, and the tenant then has 15 days after receipt to object in writing (chapter 83, Florida Statutes, part II).
Aaron Resnick reviews how the notice was delivered, because the method is part of the rule.
Can Miami Dade County Add Its Own Rules for Residential Tenants?
Not on matters covered by part II of chapter 83. Florida preempts local regulation of the residential landlord tenant relationship on those subjects, including security deposits, rental applications and fees, lease terms, landlord and tenant rights, disclosures, landlord fees and notice requirements. Local rules outside the subjects covered by part II require separate analysis. Commercial landlord tenant disputes are governed principally by chapter 83, Florida Statutes, part I, the lease and other applicable Florida law.
Aaron Resnick separates what the state statute controls from what the lease or a local rule controls.
What Should I Send Before a First Meeting About a Lease Dispute?
Send the lease and every amendment, the rent ledger, every notice served and how it was delivered, the deposit record, photographs of the premises, the emails and texts with the other side, and any court papers already filed. For a commercial tenant, add the guaranty and any lender agreement covering equipment on the premises.
Aaron Resnick reads those papers first to find the notice requirement, protect the response and registry deadlines, and build the record the court will see.
Related pages: commercial evictions, commercial property eviction services, evictions, landlord rights and responsibilities, tenant rights and responsibilities, commercial real estate and Aaron Resnick.
Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.
We Don't Make Promises. We Have Results to Prove It.
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami resident. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents landlords, tenants and property investors in Miami Dade, Broward and Palm Beach counties and across Florida in commercial and residential lease disputes and evictions. Call 305-672-7495 or request a consultation.
This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.
