If you just got served with a lawsuit in Florida, you’re probably feeling the pressure of not knowing what happens next or how serious this actually is. Here’s the short version: it’s serious, the clock started the moment those papers were handed to you, and the decisions you make in the next 20 days will affect everything that follows. Defending against a lawsuit in Florida requires understanding what you’re being served, what your obligations are, and which moves preserve your defenses — and which ones destroy them.

What Happens the Moment You’re Served

The 20-Day Clock Is Real

Under Florida’s Rules of Civil Procedure, you have 20 days from the date of service to file a response. Not 30. Not whenever you get around to hiring an attorney. Twenty days — and that includes weekends. If you miss it, the plaintiff can move for a default, and a default judgment can be entered against you without any hearing on the merits. That means they win automatically. Getting a default set aside after the fact is possible but costly and not guaranteed.

How Service of Process Works in Florida

• Personal service — process server hands documents directly to you
• Substitute service — documents left with a resident of your household who is 15 or older
• Registered agent service — for corporations, LLCs, and other business entities
• Service by publication — used when you genuinely can’t be located; rare in business disputes

The date on the process server’s return of service is what starts your clock — not the date you actually read the complaint. If documents were left at your house and you were traveling, you still have 20 days from the date of service, not the date you returned home.

The First Things You Should Do — and Not Do

Do This Immediately

• Note the exact date you were served and count your 20-day response window starting from that date
• Preserve everything related to the dispute — emails, texts, contracts, invoices, photos. Do not delete a single thing.
• Notify your insurance carrier if you have commercial general liability, professional liability, or D&O coverage. Many policies require prompt notice or they can deny coverage.
• Contact a Florida litigation attorney — ideally within the first 48 hours

Do Not Do This

• Do not contact the plaintiff directly or try to work it out yourself — anything you say can and will be used against you
• Do not ignore the complaint hoping it goes away — it won’t, and you’ll lose by default
• Do not delete emails, texts, or files — that’s spoliation of evidence and can result in sanctions

Your Response Options After Being Served in Florida

What You Can File Within 20 Days

Extensions Are Possible — But Not Automatic

If you need more than 20 days, your attorney can contact opposing counsel and request a written extension. Most attorneys grant reasonable extensions as a professional courtesy. But you cannot simply assume an extension will be granted — if the plaintiff’s attorney refuses and you haven’t filed anything, you’re in default. Get an attorney involved before day 10, not day 19.

Common Defenses in Florida Civil Litigation

What Your Attorney Will Evaluate First

• Statute of limitations — was the lawsuit filed too late under Florida law?
• Lack of standing — does the plaintiff actually have the legal right to bring this claim?
• Failure of consideration — in contract disputes, did the plaintiff perform their obligations?
• Comparative fault — in negligence cases, was the plaintiff partly responsible?
• Accord and satisfaction — was there a prior settlement that resolved this dispute?

Florida’s Rules of Civil Procedure require most affirmative defenses to be raised in the initial answer or they may be waived. This is one of the main reasons you need a Florida litigation attorney involved from the start — not just to file something, but to file the right things. Review Florida’s civil procedure rules if you want to understand the full procedural framework.

What Happens After You Respond

The Litigation Timeline in Florida Circuit Court

Frequently Asked Questions

You Have 20 Days — Don’t Lose Your Defenses by Default

If you’ve been served with a Florida lawsuit, the next step isn’t panic — it’s calling an attorney today. Feinstein Law defends clients in business litigation, real estate disputes, and contract matters throughout South Florida. Call (954) 767-9662 or reach us at our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm representing defendants and plaintiffs in civil litigation throughout Broward, Miami-Dade, and Palm Beach counties.

If your business partner has stopped showing up, started a competing company on the side, or is making decisions that benefit themselves at the expense of the partnership — you’re facing a breach of a Florida partnership agreement, and it needs to be addressed before the damage compounds. Florida partnership agreement breaches can destabilize a business built over years, and the legal outcomes depend heavily on what your written agreement says, what Florida’s default statutes provide when it’s silent, and how quickly the non-breaching partner acts.

What Florida Law Governs Your Partnership

The Right Statute Depends on Your Entity Type

Florida has separate statutes governing different types of partnerships, and knowing which one applies changes your options significantly:

• General partnerships: Florida Revised Uniform Partnership Act (Chapter 620)
• Limited partnerships: Florida Revised Uniform Limited Partnership Act (also Chapter 620)
• LLCs with partnership-like structures: Florida Revised LLC Act (Chapter 605) and the operating agreement

These statutes provide default rules — but a well-drafted partnership agreement can modify most of them. If your partnership has no written agreement at all, Florida’s defaults kick in: equal profit sharing, equal management rights — which creates constant friction when partners have different expectations. A Florida business litigation attorney will review both the agreement and the applicable statute to identify where your partner went wrong.

If There’s No Written Agreement

You’re not without options, but you’re in a harder position. Without a written agreement specifying buyout procedures, management rights, or non-compete obligations, every dispute becomes a factual argument about what the partners actually intended. That’s expensive to litigate and unpredictable to win.

What Partner Conduct Actually Constitutes a Breach

The Breaches That Trigger Litigation Most Often

• Withdrawing partnership funds without authorization or proper documentation
• Competing directly against the partnership while still a member or general partner
• Refusing to contribute agreed capital or perform promised duties
• Making binding commitments on behalf of the partnership without authority
• Disclosing confidential business information or trade secrets to competitors
• Blocking a partner’s buyout rights or refusing to honor the agreed valuation method

These aren’t just business disagreements — they’re legally actionable breaches. If your partner is doing any of these things, the longer you wait, the more damage they can do and the harder it becomes to document what happened. Start preserving emails, financial records, and communications now, before you approach them or file anything.

What Remedies Are Available When a Florida Partner Breaches

Your Options Range From Money to Dissolution

The Role of Your Partnership Agreement in Court

Florida courts enforce partnership agreements as written. If your agreement has a specific buyout formula, a non-compete obligation, or a dispute resolution clause requiring mediation first — courts will hold both parties to it. If the agreement requires a certain valuation method for a departing partner’s interest, that method controls unless it produces a manifestly unfair result. Your Florida contract dispute attorney needs to know every relevant clause before the first letter goes out.

Acting Quickly Is the Difference Between Recovery and Loss

Why Speed Matters in Florida Partnership Disputes

A partner who is in breach usually knows it. The moment they sense a dispute is coming, they may start moving assets, accelerating side deals, or manipulating financial records. Emergency injunctive relief is available in Florida when ongoing harm is being caused — but you have to move before the damage is done, not after. The American Bar Association’s mediation resources outline when pre-litigation resolution actually works — and in partnership disputes, early intervention often produces better outcomes than waiting for full litigation.

Frequently Asked Questions

Protect What You Built — Your Florida Partnership Has Legal Remedies

A Florida partnership agreement breach doesn’t fix itself with time — it gets worse. Feinstein Law represents business owners in partnership disputes and breach of contract litigation throughout South Florida. Call (954) 767-9662 or contact us through our contact page.

If you’re reading this after a Florida real estate deal went wrong — a seller who hid water damage, a closing where the wire instructions changed at the last minute, or a title search that revealed deeds you never knew about — you’re dealing with something that costs Florida buyers and sellers millions of dollars every year. Florida real estate fraud comes in more forms than most people realize, and the legal remedies available depend heavily on which type occurred and how quickly you act. Here’s what you’re actually dealing with and what your options are.

The Most Common Types of Florida Real Estate Fraud

Property Condition Misrepresentation

This is the most frequent form. Florida law requires sellers to disclose known material defects that aren’t readily observable and that could affect the property’s value — a duty established by the Florida Supreme Court in Johnson v. Davis. When a seller conceals water damage, past flooding, mold, foundation issues, or prior insurance claims, they’re not just being dishonest — they’re creating liability. If you discovered a problem after closing that the seller clearly knew about, you may have a strong Florida real estate litigation claim.

Wire Fraud at Closing

This has become the fastest-growing real estate fraud problem in Florida. Criminals intercept email communications between buyers, attorneys, and title companies — then send fraudulent wiring instructions directing closing funds to their own accounts. Once the money is wired, it’s almost never recovered. The rule is simple: always verify wire transfer instructions by phone, using a number you independently confirmed — not one from an email. The FBI’s Internet Crime Complaint Center (IC3) tracks these cases nationally — Florida consistently ranks among the highest-loss states.

Title Fraud and Forged Deeds

Title fraud involves forged deeds or fraudulent transfers that cloud ownership of a property or outright steal it. South Florida has seen cases where vacant properties or properties owned by out-of-state investors were fraudulently transferred and then listed for sale — sometimes successfully. A thorough title search and title insurance are your first lines of defense, but they don’t catch everything. If you’ve discovered an unauthorized deed transfer, contact a Florida real estate attorney immediately — there are emergency legal remedies available.

Warning Signs Before and During a Florida Real Estate Transaction

Red Flags That Should Stop You in Your Tracks

Your Legal Remedies After Florida Real Estate Fraud

Rescission

Rescission unwinds the entire transaction — both parties return to their pre-contract positions. This is the remedy buyers most often want when they discover fraud after closing on a defective property. It requires showing the fraud was material and that you would not have entered the transaction if you’d known the truth. This is exactly the kind of claim a Florida real estate litigation attorney will evaluate first.

Damages, Civil Theft, and Punitive Awards

• Compensatory damages — out-of-pocket losses, repair costs, diminution in value
• Civil theft treble damages — Florida’s civil theft statute, § 772.11, allows recovery of three times actual damages in qualifying fraud cases
• Punitive damages — available when fraud was intentional and egregious
• Attorney fees — recoverable under civil theft and some fraud theories

Can You Sue the Real Estate Agent?

Yes — and this surprises many people. Agents have independent disclosure duties and can be held personally liable for fraud or negligent misrepresentation separate from the seller. If your agent knew about a defect, failed to disclose it, or actively helped conceal it, they can be named as a defendant in your Florida fraud claim.

Frequently Asked Questions

Florida Real Estate Fraud Victims Have More Options Than They Know

If you suspect Florida real estate fraud was involved in your transaction, the window to act matters. Feinstein Law represents buyers, sellers, and investors in real estate fraud cases throughout South Florida. Call (954) 767-9662 or visit our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale firm focused on real estate litigation, business disputes, and construction law in Broward, Miami-Dade, and Palm Beach counties.

If a competitor is spreading false information about your business, a former partner is contacting your clients to steer them away, or someone pressured your supplier to cut off your contract — you’re probably experiencing what Florida law calls tortious interference. Tortious interference in Florida is a business tort that holds third parties liable when they deliberately disrupt your contracts or business relationships. It’s one of the most useful tools Florida business owners have against bad actors who operate just outside of direct breach of contract — but it has specific elements you have to prove.

The Two Types of Tortious Interference Florida Recognizes

Interference with an Existing Contract

This is the cleaner claim. You had a valid, enforceable contract with a third party. The defendant knew about it. They intentionally caused the other party to breach it. You suffered damages as a result. When all four line up, you have a strong Florida tortious interference claim. Courts don’t require you to prove the defendant used improper means — intentional interference with a known contract is enough.

Interference with a Prospective Business Relationship

This is harder to prove, but it covers situations where there was no signed contract yet — just a deal that was moving toward closing, a customer relationship that was ongoing, or a business opportunity that was being developed. Here, Florida courts require you to show the defendant’s conduct was improper — not just that they competed aggressively. Courts look at the defendant’s motive, the methods used, and whether those methods cross ethical or legal lines. A Florida business litigation attorney can help you assess which version of the claim you’re working with.

What You Have to Prove — Element by Element

The Full Checklist

The Evidence That Usually Makes or Breaks It

The causation element is where most Florida tortious interference claims succeed or fail. You need to show the defendant’s actions — not some other factor — were the reason the business relationship ended. Email communications, text messages, testimony from the third party about what they were told, and timing evidence are all critical. Start preserving everything now if you suspect interference is happening.

Real Examples of Tortious Interference in Florida Business Disputes

Patterns That Show Up Most Often

• A competitor contacts your key clients and tells them — falsely — that your company is going out of business or facing legal trouble
• A former business partner reaches out to your supplier and convinces them to breach their supply agreement with you
• An investor provides false information to the other party in a deal you were about to close, causing them to walk away
• A former employee violates their non-solicitation agreement by contacting your customer list and actively steering clients to their new employer
• A third party pressures a joint venture partner to withdraw from a signed agreement

The Competition Privilege — Their Main Defense

What It Covers

Not everything that hurts your business is tortious interference. Florida recognizes the competition privilege — the right to compete fairly for business, even aggressively. Winning a contract away from a competitor through better pricing, faster service, or a better product is not tortious interference. The line is drawn at improper means: false statements, threats, misuse of confidential information, or conduct that violates independent legal standards. Expect this defense in any Florida business tort case.

What Doesn’t Get the Competition Privilege

• Spreading false information about a competitor’s business
• Using confidential information obtained from the competitor’s former employees
• Making threats or using economic coercion to pressure a third party to breach
• Inducing breach of a known contract — not just winning business away from one

Courts look at the totality of conduct. One aggressive move might get the privilege; a pattern of coordinated interference usually doesn’t. See the Cornell Law overview of tortious interference for the national legal framework and how Florida fits within it.

What Damages Are Available

Frequently Asked Questions

Someone Crossed the Line — Florida Law Gives You a Path Forward

If a competitor or third party has deliberately disrupted your Florida business relationships, Feinstein Law handles tortious interference claims and Florida business litigation throughout South Florida. Call (954) 767-9662 or reach us at our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling commercial disputes, contract claims, and real estate litigation throughout Broward, Miami-Dade, and Palm Beach counties.

If a mechanics lien in Florida just showed up on your property, you’re probably dealing with a contractor or supplier claiming they weren’t paid — and now your closing is in jeopardy, your lender is calling, and the contractor isn’t returning messages. Disputing a mechanics lien in Florida is absolutely possible, but the process has hard deadlines and specific procedures that can work for you or against you depending on how fast you move. Here’s the practical breakdown of what your options actually are.

Florida’s Construction Lien Law: The Rules That Govern Everything

The Framework Under Chapter 713

Florida’s Construction Lien Law (Chapter 713) governs who can file a lien, what notices are required, and the deadlines for enforcement. It applies to contractors, subcontractors, laborers, and material suppliers. Understanding the requirements is your starting point — because a lien that doesn’t follow them precisely is vulnerable to challenge.

Key Deadlines That Create Your Leverage

• Notice to Owner: Must be served within 45 days of first furnishing labor or materials. No notice — no lien rights for most subcontractors and suppliers.
• Lien recording deadline: The lien must be recorded within 90 days of the last day of furnishing labor or materials.
• Lawsuit deadline: A lien foreclosure action must be filed within 1 year of recording — or the lien is automatically extinguished.

These deadlines are where many liens fail. A Florida construction litigation attorney will check each one as the first step in evaluating your options.

Grounds to Challenge or Discharge a Florida Mechanics Lien

Procedural Defects

These are the most common and most effective challenges. If the liening party missed any procedural step, the lien may be void:

• Failed to serve a proper Notice to Owner within 45 days of starting work
• Recorded the lien after the 90-day deadline
• The lien description of the property or the amount is materially incorrect
• The contractor had no direct contract with the owner and no qualifying subcontract chain

Substantive Defects

Even if the lien was filed on time and properly noticed, you can still challenge the underlying claim:

• The lien amount includes work that was never actually performed
• The work was not authorized by the property owner
• The owner already paid the general contractor in full and the GC failed to pay the sub
• The lien was filed as retaliation for a legitimate dispute about quality or scope

Your Three Main Options for Clearing the Lien

Option 1: Transfer the Lien to a Bond

This is often the fastest way to clear title and let a transaction proceed. You post a cash deposit or surety bond equal to the lien amount — plus a premium. The Florida mechanics lien is released from the property and the bond becomes the security for the contractor’s claim. The dispute continues, but your closing or refinance can move forward. A Florida real estate litigation attorney can have this in place within days when a closing is on the line.

Option 2: Demand to Commence Action

Under Chapter 713, you can serve a written demand on the lien claimant requiring them to file a lien foreclosure lawsuit within 60 days. If they don’t file, the lien is extinguished by operation of law — no court order needed. This is an often underused tool. Many lien claimants record liens as a pressure tactic but have no real intention of filing suit. The demand forces their hand.

Option 3: Show Cause Motion

File a motion in circuit court asking the lien claimant to show cause why the lien should not be discharged. The court sets a hearing, and the claimant must demonstrate they have a valid, enforceable lien. If they can’t — or if the procedural defects are clear — the court discharges it. Florida courts can also award attorney fees to the property owner when a lien was fraudulently filed. See the fraudulent lien provision at § 713.31 for specifics.

What Happens If the Lien Is Valid

The Owner Paid the GC — But the Sub Didn’t Get Paid

This is the situation that surprises the most property owners. You paid your general contractor in full. The GC failed to pay their subcontractor. The sub files a lien against your property — and in Florida, it may be enforceable even though you’ve already paid. This is exactly why Florida law requires a Notice to Owner system — it lets owners know who is on the job so they can verify payment before releasing final funds to the GC.

Frequently Asked Questions

A Florida Mechanics Lien on Your Property Needs to Be Addressed Now

Sitting on a Florida mechanics lien while a closing or refinance waits is one of the most expensive things you can do. Feinstein Law handles construction lien disputes and real estate litigation throughout South Florida. Call (954) 767-9662 or visit our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling construction litigation, real estate disputes, and contract matters throughout Broward, Miami-Dade, and Palm Beach counties.

If you’re buying a luxury home in Florida and you’re about to sign a purchase agreement, the clauses in that contract will determine what happens if a defect surfaces after closing, if the seller backs out, if the appraisal comes in low, or if the closing gets delayed. Florida luxury real estate purchase agreements are not form documents you glance at and they’re the legal base for a transaction that may be the largest financial decision of your life. Here are the clauses that matter most and what they actually mean for you.

Why Luxury Purchase Agreements in Florida Are Different

Higher Stakes Mean Every Word Matters

In a standard residential transaction, contract disputes usually involve deposits in the $5,000–$30,000 range. In Florida luxury real estate, you’re often looking at deposits of $100,000 to $500,000 or more, inspection periods covering complex systems like seawalls and custom automation, and purchase terms that involve 1031 exchanges, entity structures, or seller financing. A single ambiguous clause can cost hundreds of thousands of dollars. Working with a Florida real estate litigation attorney to review your agreement before you sign prevents the litigation that comes after.

FAR/BAR vs. Custom Contract

Many luxury transactions use custom contracts drafted by the seller’s attorney, especially in new construction, developer sales, and off-market deals. These contracts are written to protect the seller and developer. Every deviation from the standard FAR/BAR contract is intentional and usually not in your favor.

The Key Clauses in a Florida Luxury Purchase Agreement

Inspection Contingency, Your Most Important Protection

The inspection period is the buyer’s primary window to discover and respond to defects. In standard FAR/BAR contracts it defaults to 15 days. In luxury transactions, this often isn’t enough. You’re dealing with:

• Seawall and dock inspections for waterfront property
• Roof inspections on complex tile and flat roof systems
• Custom automation, smart home, and HVAC system evaluations
• Pool, spa, and outdoor kitchen equipment assessments
• HOA and CDD document review requiring their own timeline

Negotiate for 21–30 days minimum on a luxury property. Once the inspection period expires without proper written cancellation, your right to exit without forfeiting your deposit is gone and you may be in breach of the Florida purchase contract.

AS-IS Rider — What It Does and Doesn’t Mean

Most Florida luxury transactions use the AS-IS rider. Buyers sometimes think this means the seller has no disclosure obligation. That’s wrong. Florida’s disclosure duty from Johnson v. Davis still applies and sellers must disclose known material defects that aren’t readily observable regardless of AS-IS language. What the AS-IS rider actually eliminates is the buyer’s right to demand repairs after the inspection. You can still cancel based on inspection findings, but you can’t force the seller to fix anything. That distinction matters enormously when you discover a $200,000 seawall repair mid-transaction.

Liquidated Damages Clause

This clause defines what happens to the deposit if one party defaults. In a standard FAR/BAR contract, it can be checked two ways:

• Liquidated damages checked: Seller’s sole remedy for buyer default is keeping the deposit and they can’t sue for more
• Liquidated damages NOT checked: Seller can pursue actual damages beyond the deposit amount, including loss of a better deal

On a $3 million luxury sale, this distinction can mean the difference between losing a $150,000 deposit or facing a $300,000 damages lawsuit. Know which box is checked before you sign.

Financing Contingency — Don’t Waive It Without Understanding It

What a Proper Financing Contingency Does

A financing contingency protects your deposit if your loan application is denied despite good faith efforts. In today’s luxury market where jumbo loan underwriting can be rigorous and rates volatile and waiving this contingency entirely is a significant risk. Some buyers waive it to be competitive in a multiple-offer situation, which is a legitimate strategy, but only if you genuinely have cash or ironclad financing in place. The CFPB’s guidance on financing contingencies explains how lenders and buyers should handle these provisions.

Personal Property, Fixtures, and What Conveys

Disputes That Happen After Every Luxury Closing

Frequently Asked Questions

Review Your Florida Luxury Purchase Agreement Before You Sign — Not After

Feinstein Law reviews and negotiates Florida luxury real estate purchase agreements and handles post-closing disputes for buyers and sellers throughout South Florida. Call (954) 767-9662 or contact us at our contact page.

About Michael Feinstein: Michael Feinstein  is a Fort Lauderdale based Real Estate Attorney and Broker for for high-asset clients.

If you’re a business owner in Florida and you suspect a partner, officer, or manager has been working against the company — quietly taking deals, draining accounts, or feeding customers to a competitor — you’re dealing with what the law calls a breach of fiduciary duty in Florida. It’s one of the most serious claims one business stakeholder can bring against another, and it carries real teeth. Fiduciary duty violations in Florida can result in damages, disgorgement of profits, removal from the company, and in the right circumstances, injunctive relief that stops the harm immediately. Here’s what you need to know.

What a Fiduciary Duty Actually Requires

The Highest Standard in the Law

A fiduciary duty is not just an ethical expectation — it’s a legally enforceable obligation to put the interests of the company or the other stakeholders above your own. In Florida business law, this duty applies to several relationships. Under Florida’s Business Corporation Act (Chapter 607), corporate officers and directors owe duties of care and loyalty to the corporation and its shareholders. LLC managers owe similar duties under Florida’s LLC Act (Chapter 605). Partners owe each other fiduciary duties under Chapter 620.

Who Owes a Fiduciary Duty in Florida Business?

• Corporate officers and directors — to the corporation and its shareholders
• LLC managers and managing members — to the LLC and its members
• General partners — to each other and the partnership
• Attorneys, accountants, financial advisors — to their clients
• Majority shareholders — to minority shareholders in closely held corporations

What Breach of Fiduciary Duty Actually Looks Like

It’s Usually Not Obvious at First

You’re probably not dealing with someone who walked out with a bag of cash. Fiduciary duty breaches in Florida are usually more subtle — and that’s by design. The people who do this know what they’re doing. Common patterns include:

• Self-dealing — approving transactions that benefit themselves at the company’s expense
• Usurping corporate opportunities — taking a business deal for themselves that should have gone to the company
• Competing directly against the company while still in a management role
• Misappropriating funds — unauthorized distributions, expense fraud, or diverting payments
• Providing false financials to partners or investors to conceal losses or self-dealing
• Failing to disclose conflicts before making decisions on the company’s behalf

If you’re seeing unexplained financial discrepancies, deals that never materialized, or a manager who suddenly left to start a competing business — those are signals. A Florida business litigation attorney can help you start building a record before you tip your hand.

What You Have to Prove in Court

The Four Elements

The Business Judgment Rule — Their Defense

Expect the defendant to invoke the business judgment rule. Under Florida Statute § 607.0830, courts won’t second-guess business decisions made in good faith, with reasonable care, in the company’s best interest. This is a real defense — it protects honest mistakes. What it doesn’t protect is self-dealing, fraud, or decisions made to benefit themselves over the company. The line between a bad business decision and a breach of duty is where most of the litigation happens in a Florida business dispute.

Remedies Florida Courts Can Award

It’s Not Just About Getting Your Money Back

Frequently Asked Questions

When a Partner Violates Your Trust, Florida Law Has a Remedy

Waiting gives a disloyal partner or officer more time to cause damage and cover their tracks. Feinstein Law handles breach of fiduciary duty cases and complex Florida business litigation for owners who need to act fast. Call (954) 767-9662 or contact us at our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm serving clients in business, real estate, and contract disputes throughout Broward, Miami-Dade, and Palm Beach counties.

A Florida commercial lease dispute can go from a late payment or a maintenance argument to a full-blown eviction proceeding or six-figure damages claim faster than most business owners expect. Whether you’re a landlord who hasn’t received rent in 90 days or a tenant sitting in a space with a broken HVAC system your landlord refuses to fix, commercial lease disputes in Florida are driven almost entirely by what the written lease says — and most people don’t fully understand their lease until there’s already a problem. Here’s what you need to know before this gets worse.

Why Florida Commercial Leases Are Different from Residential

Far Fewer Tenant Protections

Florida’s residential landlord-tenant statute (Chapter 83, Part II) comes loaded with tenant rights. Commercial leases in Florida are governed by Chapter 83, Part I — which is much leaner. There’s no statutory requirement for a commercial landlord to return a security deposit within a set timeframe unless the lease says so. The implied warranty of habitability doesn’t apply the same way. The written agreement controls almost everything, which is why the specific language in your lease matters so much in a dispute.

The Three-Day Notice Requirement Still Applies

Before a commercial landlord can begin eviction proceedings for non-payment, Florida law still requires a three-day written notice to pay or vacate under § 83.20. That notice must be properly served and must comply with the exact statutory requirements — a defective notice can restart the clock and delay the entire eviction process.

The Most Common Commercial Lease Disputes in Florida

Non-Payment and Rent Disputes

This is the most common starting point. You’re probably dealing with a tenant who stopped paying, is paying partial rent, or is claiming a right to withhold rent because of conditions at the property. Landlords: document every missed payment and send your three-day notice correctly the first time — a procedural error means starting over. Tenants: check your lease for any abatement rights before you withhold rent unilaterally.

CAM and Operating Expense Reconciliation

Common Area Maintenance charges are a recurring source of Florida commercial lease disputes. Many tenants don’t scrutinize annual CAM reconciliations closely enough — and many landlords include expenses that aren’t actually permitted under the lease. A Florida contract dispute attorney can audit the reconciliation and identify overcharges that can often be recovered without litigation.

Early Termination and Buildout Disputes

You’re probably also facing one of these if things have gone sideways:

• A tenant wants out before the lease ends and disputes the early termination penalty
• A landlord failed to deliver promised tenant improvement allowances
• A buildout has construction defects that the landlord refuses to repair
• A subletting or assignment request the landlord is blocking without a legitimate reason

Commercial lease disputes often escalate to litigation when notice requirements are ignored.

What the Litigation Process Actually Looks Like

From Demand Letter to Trial

Self-Help Eviction Is Not Allowed

Some landlords think they can change the locks or remove a tenant’s property when rent goes unpaid. Self-help eviction is prohibited in Florida even if your lease purports to allow it. A landlord who locks out a commercial tenant without a court order can face significant liability. The right path is through the courts — and with a proper three-day notice, the process moves faster than most people expect. Review the full Florida landlord-tenant statute if you want to see exactly what’s permitted.

Attorney Fees — A Huge Factor in How These Cases Resolve

Prevailing Party Clauses Cut Both Ways

Most well-drafted commercial leases include a prevailing party attorney fee clause. Under Florida law, if a contract provides for fees to one party, it applies to both. That means if you lose, you pay the other side’s attorney fees — and if you win, you can recover yours. This dynamic changes how both sides evaluate settlement at every stage of a Florida business litigation case.

Frequently Asked Questions

Stop Letting a Lease Dispute Drain Your Business

The longer a Florida commercial lease dispute goes unresolved, the more it costs both sides. Feinstein Law represents landlords and tenants in commercial lease litigation throughout Broward, Miami-Dade, and Palm Beach counties. Call (954) 767-9662 or contact us at our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm handling business, real estate, and construction litigation throughout South Florida.

If you’re a real estate agent who completed a transaction and isn’t getting paid, or a seller who believes a broker didn’t earn the commission they’re claiming — you’re dealing with a broker commission dispute in Florida, and the outcome depends heavily on what your listing agreement or buyer’s broker agreement actually says. Florida broker commission disputes became more contentious after NAR’s 2024 settlement changed how buyer’s agent compensation is disclosed and negotiated. Whether you’re a broker trying to collect or a party trying to avoid paying, here’s what you’re actually dealing with.

How Real Estate Commissions Work in Florida

Commissions Are Always Negotiable

There is no standard commission rate in Florida. The rate is negotiated between the broker and the client and documented in a written listing agreement or buyer’s broker agreement. Commissions are typically paid at closing from the sale proceeds — but a broker’s right to a commission can exist even if a deal doesn’t close, depending on the contract language. Understanding what your agreement says about when a commission is earned is the foundation of any Florida commission dispute.

The Three-Part Test for Earning a Commission

Under Florida common law, a real estate broker typically earns a commission when they:

• Are the procuring cause of the sale — they introduced the buyer and seller, or their efforts were the dominant reason the deal happened
• Had a valid written brokerage agreement in place at the time of the transaction under § 475.42
• Had a buyer who was ready, willing, and able to purchase on the agreed terms

If a seller cancels a deal after the broker produced a buyer who was ready and willing — the broker may still be owed their commission even though no closing occurred.

The Most Common Florida Broker Commission Disputes

Seller Refuses to Pay After Deal Falls Through

This is the most frequent dispute. The broker produced a qualified buyer, the seller accepted the offer, and then something went wrong — the seller got cold feet, accepted a higher offer from another buyer, or claimed the first buyer wasn’t truly qualified. Whether the broker is owed a commission depends on the listing agreement language and whether the broker was truly the procuring cause. A Florida real estate litigation attorney can evaluate the specific agreement and facts quickly.

Co-Brokerage and Buyer’s Agent Disputes

When two brokerages are involved — a listing agent and a buyer’s agent — disputes arise over the agreed co-brokerage split. After NAR’s 2024 settlement, buyer’s agent compensation must now be documented separately and is no longer automatically offered through the MLS. If the buyer’s broker agreement or seller’s agreement doesn’t clearly establish the co-brokerage arrangement, disputes are almost guaranteed.

Dual Agency and Undisclosed Conflicts

Florida brokers who represent both buyer and seller in the same transaction as a dual agent must have written consent from both parties under § 475.278. Brokers who fail to get that consent — or who don’t fully disclose the conflict — can forfeit their commission entirely, even if the deal closed and they did real work. Courts take these disclosure requirements seriously.

What Florida Courts Look at in Commission Disputes

Frequently Asked Questions

Florida Broker Commission Disputes Require Specific Legal Knowledge to Win

Whether you’re owed a commission or disputing one, Feinstein Law handles Florida broker commission disputes and real estate contract litigation throughout South Florida. Call (954) 767-9662 or reach us at our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale firm handling real estate litigation, business disputes, and contract matters throughout Broward, Miami-Dade, and Palm Beach counties.

If you’ve been handed a Florida non-compete agreement to sign — or you’re an employer trying to enforce one — you need to understand something most people get wrong: Florida doesn’t treat these agreements the way almost every other state does. Florida non-compete agreements are explicitly authorized by statute, and courts here are required to enforce them when they’re reasonable. That means signing one carries real consequences. And fighting one is harder than you’d expect. Here’s what actually determines whether a Florida non-compete holds up in court.

What Florida Law Actually Says

The Statute Is Employer-Friendly by Design

Florida’s non-compete statute, § 542.335, is one of the most employer-favorable in the country. It requires courts to enforce non-compete agreements in Florida that protect a legitimate business interest and are reasonable in time, area, and scope. Courts cannot simply void an overly broad agreement — they are required by law to reform it, narrowing it to an enforceable version. That’s called blue-penciling, and it strongly favors employers.

What That Means If You’re an Employee

You can’t rely on a non-compete being thrown out just because it seems broad. A court may enforce a 2-year version of a 5-year agreement rather than toss it entirely. Before you take a new job at a competitor, talk to a Florida business litigation attorney who can read your specific agreement and tell you the real risk.

The Threshold Question: Is There a Legitimate Business Interest?

Without This, the Agreement Fails

This is the first thing any court evaluates. A Florida non-compete without a legitimate business interest behind it will not be enforced — period. Florida recognizes these as legitimate interests:

• Trade secrets and confidential business information — formulas, client lists, pricing models, proprietary processes
• Substantial customer relationships — clients the employee developed or had significant access to
• Specialized training — extraordinary investment the employer made in the employee’s skill set
• Business goodwill — tied to a geographic area or specific marketing territory

If none of those exist, the agreement has no anchor. That’s the argument an employee’s attorney will make first in any Florida contract dispute.

What Doesn’t Qualify

General knowledge of the industry, basic job skills, or relationships the employee brought to the company — not built while there — typically don’t qualify as legitimate business interests. The employer has to show the interest they’re protecting is genuinely theirs to protect.

Reasonableness: Time, Geography, and Scope

Time Periods Florida Courts Treat as Presumptively Reasonable

Geographic and Activity Scope

The restriction must tie to the actual area where the employer does business and the actual work the employee performed. A statewide non-compete for an employee who only worked in one city, or a ban on entire industries when the employee worked in one niche role, are both vulnerable to challenge — though again, courts may narrow rather than void.

Injunctions: Why Non-Compete Cases Move Fast

Employers Can Get an Emergency Order Within Days

When an employee violates a Florida non-compete agreement, employers typically don’t wait for trial — they go straight to court for a temporary injunction. Florida law presumes irreparable harm exists when a legitimate business interest is threatened. That means employers don’t need to prove actual financial damage to get an emergency order stopping the former employee from working for the competitor. This process can move in days, not months.

What This Means If You’re the Employee

If you’ve already started the new job, you could be ordered to stop immediately while litigation plays out. The cost — financially and professionally — can be severe. Don’t assume the agreement won’t be enforced because it “seems unreasonable.” Get legal advice before you make the move, not after. The FTC’s non-compete rulemaking has been blocked by federal courts as of 2026, so Florida’s employer-friendly statute still governs.

Frequently Asked Questions

Whether You’re Enforcing or Escaping a Florida Non-Compete, Know Where You Stand

Florida’s law puts employees at a real disadvantage compared to most states. If you’re facing a Florida non-compete agreement — on either side — Feinstein Law can evaluate your position and tell you exactly what you’re up against. Call (954) 767-9662 or reach us at our contact page.

About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm handling business disputes, contract matters, and real estate litigation throughout South Florida.