Facing a Landlord-Tenant Dispute in Florida? Here’s What the Law Really Says

Let’s face it—landlord-tenant disputes can get messy fast. Whether you’re a tenant dealing with a leaky roof or a landlord trying to evict a non-paying tenant, navigating these situations can feel like walking through a legal maze. But don’t worry—we’re here to break it all down in plain English, with practical advice, real-world examples, and expert insight from the team at DuFault Law, your trusted landlord-tenant attorneys serving Naples, Florida and beyond.

Common Landlord-Tenant Disputes: What Goes Wrong (and Why)

Disagreements between landlords and tenants happen for a variety of reasons, but the most common issues we see include:

Maintenance and Repairs: Tenants have the right to a safe and habitable living space, while landlords are responsible for making sure the property meets certain standards. Common points of contention include:

• Broken air conditioning or heating systems (a huge deal in Florida!)
• Plumbing leaks or mold growth
• Pest infestations
• Unresponsive landlords or delays in making repairs

Rent Payments and Increases: Late rent, bounced checks, or unexpected rent hikes can quickly spark disputes. Florida law doesn’t limit how much a landlord can increase rent, but proper notice is required—typically at least 15 days for month-to-month tenancies.

Evictions: Eviction is one of the most serious disputes—and one of the most common. Reasons for eviction might include:

• Non-payment of rent
• Lease violations (e.g., unauthorized pets, subleasing)
• Property damage
• Expired lease with refusal to vacate

Understanding the Eviction Process in Florida

Evictions in Florida follow a strict legal process. Here’s a simplified breakdown:

STEP 1 | Notice to the Tenant

• 3-day notice for non-payment of rent
• 7-day notice for lease violations (with or without a chance to cure)
• 15-day notice for ending a month-to-month lease

STEP 2 | Filing an Eviction Lawsuit

If the tenant doesn’t resolve the issue, the landlord can file an unlawful detainer or eviction action in county court.

STEP 3 | Tenant’s Response

The tenant has 5 business days to respond in writing. If they don’t, the landlord may request a default judgment.

STEP 4 | Court Hearing and Judgment

If a hearing is held, both sides present evidence. If the court sides with the landlord, a writ of possession is issued.

STEP 5 | Removal by Sheriff

The local sheriff posts a 24-hour notice. If the tenant doesn’t leave, they are lawfully removed.

Maintenance Responsibilities: Who Does What?

Landlords must:

• Maintain structural integrity (roof, walls, floors)
• Provide functioning utilities (water, electricity, heat)
• Address health and safety issues (pests, mold, etc.)

Tenants must:

• Keep the unit clean and sanitary
• Use appliances and facilities properly
• Notify the landlord of repair needs
• Avoid damage beyond normal wear and tear

Resolving Disputes Without Court: Your Options

Not every landlord-tenant conflict has to escalate into a courtroom battle. In fact, resolving disputes outside of court often saves time, money, and stress for both parties. Whether you’re dealing with unpaid rent, property damage, or disagreements over lease terms, there are several effective strategies you can use to de-escalate the situation and reach a resolution.

Here are the smartest ways to handle landlord-tenant disputes without litigation:

Open Communication: The First (and Often Best) Step

Before lawyers or legal notices get involved, try having a candid conversation. Misunderstandings and assumptions often lie at the heart of landlord-tenant issues. A quick chat can clear up confusion about payment dates, maintenance requests, or house rules.

Best practices for tenants:

• Report issues like repairs or safety concerns in writing, preferably by email or certified mail.
• Document your communication—save emails, texts, and copies of maintenance requests.
• Stay calm and factual, even if you’re frustrated.

Best practices for landlords:

• Respond to tenant complaints promptly and professionally.
• Keep records of repairs, notices, and interactions with tenants.
• Set clear expectations upfront and reinforce them respectfully when needed.

Mediation: Finding Common Ground with Professional Guidance

Mediation is a powerful tool for resolving disputes—especially when communication has broken down. In mediation, a neutral third party helps the landlord and tenant reach a mutually agreeable solution, without making legal rulings.

Why mediation works:

• It’s typically faster and cheaper than going to court.
• It gives both parties a voice in crafting the outcome.
• It’s confidential, unlike court cases, which are part of the public record.

Lease Review: Prevention Is the Best Cure

Think of your lease agreement as the foundation of the landlord-tenant relationship. A well-drafted lease can prevent disputes before they ever arise.

What a strong lease should include:

• Clear terms for rent amount, due date, and late fees
• Specific rules on maintenance responsibilities
• Clauses covering pets, guests, subleasing, noise, and property use
• Procedures for handling violations and evictions
• Notice periods for lease renewal or termination

If your lease is vague, outdated, or missing key provisions, you’re inviting conflict down the road.

At DuFault Law, we help landlords and property managers draft rock-solid leases tailored to Florida law, and we advise tenants on their rights before they sign. If you’re already in a dispute, we can review the lease to identify strengths or weaknesses in your position.

When to Call an Attorney

If you’re stuck in a dispute that’s escalating—or you’re unsure about your legal rights—it’s time to consult an experienced landlord-tenant attorney in Florida. At DuFault Law, we help:

• Landlords enforce lease terms, file evictions lawfully, and defend against tenant claims
• Tenants challenge wrongful evictions, demand necessary repairs, and understand their legal options

Whether you’re a property owner managing multiple rentals or a first-time renter, we’ll make sure your rights are protected and your voice is heard.

Need Help Navigating a Landlord-Tenant Issue?

Whether you’re facing a tenant dispute, eviction, or lease disagreement, DuFault Law is here to help. Based in Naples, Florida, and serving all of Florida and Georgia, we offer trusted legal counsel backed by deep knowledge of real estate law and landlord-tenant regulations.

• Call us today at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Contact Us to schedule a consultation