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Commercial real estate disputes in Broward County move fast and cost more than most business owners expect. Whether you’re a landlord dealing with a tenant who stopped paying, a buyer whose deal fell apart after due diligence, or a business owner in a lease dispute with a landlord who won’t make repairs — commercial real estate litigation in Broward County is driven almost entirely by what’s in your contract and how quickly you act. Here’s what these cases actually look like and what your options are.
Why Commercial Real Estate Disputes in Broward County Are Different
The Law Heavily Favors What Your Lease Says
Florida’s commercial landlord-tenant law under Chapter 83, Part I provides minimal statutory protections compared to residential law. Your written lease is essentially the rulebook. Courts in Broward enforce commercial lease terms strictly — including penalty clauses, personal guarantees, and acceleration provisions that can make a single missed month of rent trigger liability for the entire remaining term.
The South Florida Commercial Market Creates Unique Friction
Broward County’s commercial market — from Fort Lauderdale’s downtown core to Deerfield Beach, Pompano Beach, and Miramar — spans industrial, retail, and office segments with different market dynamics. Rising rents, tight inventory, and high-stakes redevelopment deals mean more disputes over lease renewals, tenant improvement allowances, and co-tenancy clauses. A Broward County real estate litigation attorney familiar with local market conditions and Broward circuit court procedures is a real advantage in these cases.
The Most Common Commercial Real Estate Disputes in Broward County
Non-Payment and Eviction
The commercial eviction process in Florida requires a proper three-day notice to pay or vacate before any court filing. That notice must comply exactly with § 83.20 — the wrong form or improper service restarts the clock. Done correctly, uncontested commercial evictions in Broward can wrap up in 4–6 weeks. Contested evictions with counterclaims take significantly longer.
Breach of Lease Terms
These disputes go both ways. Landlords claim tenants violated permitted use clauses, subletting restrictions, or maintenance obligations. Tenants claim landlords failed to deliver promised build-outs, maintain common areas, or honor renewal options. The key in every case is: what does the lease actually say, and who breached first? A Florida contract dispute attorney reviews the lease language before anything else.
Purchase and Sale Disputes
Commercial purchase contracts in South Florida routinely involve:
- Due diligence disputes — what was discovered and whether it justified cancellation
- Environmental contingency issues — Phase I or Phase II findings that affect financing or value
- Title defects discovered late — liens, easements, or encroachments that cloud the transfer
- Failed 1031 exchanges — timing issues that blow the tax-deferred structure
- Breach by seller — failure to disclose known material conditions affecting the property
Broward County Courts and How These Cases Move
| Case Type | Court | Typical Timeline |
|---|---|---|
| Commercial eviction (uncontested) | Broward County Court | 4–6 weeks from proper notice |
| Lease breach / damages claim under $30K | Broward County Court | 3–6 months |
| Complex commercial lease or sale dispute | Broward Circuit Court (17th Judicial) | 12–24 months to trial |
| Emergency injunction | Circuit Court | Days to weeks depending on urgency |
Mediation Before Trial
Broward’s 17th Judicial Circuit requires mediation in most civil cases before trial. Most commercial real estate disputes settle at mediation — both parties have incentive to avoid the cost and unpredictability of trial. An experienced Broward commercial litigation attorney treats mediation as a serious strategic event, not a formality. The 17th Judicial Circuit Court of Florida handles all major commercial disputes in Broward County.
Damages Available in Broward Commercial Real Estate Cases
- Unpaid rent and acceleration — full remaining lease term if the lease permits it
- Repair and restoration costs — damage beyond normal wear and tear
- Lost profits — for tenants wrongfully evicted or denied access to their space
- Consequential damages — business interruption, relocation costs, lost customer revenue
- Attorney fees — most commercial leases include prevailing party fee provisions
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can a Broward commercial landlord lock out a tenant for non-payment? | No. Self-help eviction is illegal in Florida regardless of what the lease says. The landlord must go through the court process. |
| What if my commercial lease has a personal guarantee? | The guarantor is personally liable for the tenant’s obligations — even after the business closes. Personal guarantees in Broward commercial leases are strictly enforced. |
| How do I choose between settling and litigating? | The answer depends on the strength of your contract language, the amount at stake, and the cost of litigation relative to what you can recover. A candid attorney evaluation helps make that call clearly. |
Broward County Commercial Real Estate Disputes Need Experienced Local Counsel
Feinstein Law handles commercial real estate disputes in Broward County for landlords, tenants, buyers, and sellers. Call (954) 767-9662 or reach us at our contact page.
About Feinstein Law: Feinstein Law is a Fort Lauderdale litigation firm handling real estate, business, and contract disputes throughout Broward, Miami-Dade, and Palm Beach counties.
