Property Management Disputes in Florida

In Florida, a property manager is a person who oversees the daily operations of rental properties on behalf of the owner. Their responsibilities typically include marketing rental vacancies, screening tenants, collecting rent, coordinating maintenance, and ensuring compliance with lease terms.

Although the role may vary depending on the type of property, such as single-family homes, apartment complexes, or commercial space, their core function remains the same. That function is managing the property to preserve its value and generate income.

Legally speaking, property management activities in Florida are considered to be part of real estate services. According to Florida Statutes Chapter 475, anyone who performs tasks like leasing or renting property for others and receives compensation must hold a valid real estate broker’s license.

It is important to note that there is no separate “property manager” license. Instead, the law treats property managers as real estate professionals when they engage in these activities for a fee or commission. However, salaried employees who manage properties owned by their employer are generally exempt from licensing requirements.

Additionally, property managers must also comply with various housing laws, including fair housing regulations, health and safety codes, and landlord-tenant statutes as outlined in Florida Statutes Chapter 83. All of these various legal obligations ensure that managers maintain habitable conditions, handle tenant concerns appropriately, and operate within the bounds of state law and housing code.

How Does the Property Management Dispute Process Work in Florida?

Property management disputes in Florida typically begin with direct communication between the tenant and manager. However, if that doesn’t resolve the dispute between the parties, mediation offers a low cost solution.

Complaints involving licensing or misconduct can also be filed with the Florida Department of Business and Professional Regulation (“DBPR”). The DBPR investigates valid complaints and may issue fines or suspend licenses. However, more serious issues may lead to legal action or administrative hearings. Disputes over contracts or damages often go through small claims court.

Below is a general outline of common steps in resolving property management disputes:

• Communicate directly: First, you should start by discussing the issue with the property manager or tenant calmly and clearly as many problems, such as noise complaints, repair delays, or misunderstandings can often be resolved without escalation
• Try mediation: If direct communication fails, mediation offers a neutral space to work things out with the help of a third party
• File a complaint with DBPR: If there is alleged misconduct or licensing issues, such as a manager operating without a license or violating real estate laws, you can file a complaint with the Florida Department of Business and Professional Regulation
• Organize relevant documents: It is important to keep records of leases, emails, photos, receipts, and any written communications as well-documented evidence strengthens your case, whether you’re seeking mediation, filing a complaint, or going to court
• Go to court if needed: For complex cases with financial damages, unpaid rent, security deposit issues, or lease violations, small claims court is often the next step
• Cooperate with investigations: If the DBPR or another agency starts an investigation, you should respond promptly and provide requested documents, as non-cooperation can delay resolution or lead to penalties

If you are having a dispute with property management that cannot be solved by direct communication, it is recommended to set up a legal consultation in Florida with Florida lawyers who have experience in resolving property management disputes.

Common Property Management Disputes in Florida

As mentioned above, in Florida, property management disputes often arise from disagreements between tenants, landlords, and managers over responsibilities, legal compliance, and financial matters. These disputes typically involve issues like poor maintenance, improper handling of security deposits, lease violations, and unlicensed activity. Additionally, miscommunication and lack of documentation can escalate even minor problems into formal complaints or legal action.

Examples of common property management disputes in Florida include:

• Maintenance failures: This includes slow responses to repair requests, neglect of essential systems like plumbing or HVAC, or poor quality of work performed
• Security deposit disputes: This includes disagreements over deductions for damages, delayed refund timelines, or failure to provide itemized statements as required by law
• Lease violations: This encompasses issues like unauthorized entry by managers, mishandling of guest policies, or failure to follow terms outlined in the lease
• Unlicensed property management activity: This refers to situations where individuals collect rent or manage leases without holding a valid Florida real estate license, which violates state law
• Eviction conflicts: This includes improper notice periods, failure to follow legal procedures, or retaliation claims related to eviction threats or actions
• Housing code violations: These violations deal with unsafe or unsanitary living conditions, such as mold, pest infestations, or structural problems that violate Florida’s habitability standards

Can an Owner Sue a Property Management Company in Florida?

In short, yes. In Florida, property owners can take legal action against a property management company for violations such as mishandling funds, failing to uphold contractual duties, or committing fraud.

When a management company neglects responsibilities laid out in the agreement, such as rent collection, maintenance oversight, or accurate financial reporting, the owner may file a lawsuit in civil or small claims court, depending on the scope and amount of damages.

Florida law also requires that companies offering leasing or rental services for pay be properly licensed under Florida Statutes Section 475.01. If a company operates without the required credentials, owners may report them to the Florida Department of Business and Professional Regulation and seek damages through the courts.

Litigating a Property Management Dispute

Once again, litigating a property management dispute in Florida typically begins with informal resolution efforts, such as direct communication or mediation. If those efforts fail, the aggrieved party (tenant, owner, or manager) may then file a lawsuit in civil or small claims court, depending on the amount in controversy.

The steps involved in the legal process typically involve the following:

• Evaluate the claim: First, you must identify the legal basis of your claim (e.g., breach of contract, fraud, negligence) and gather supporting evidence
• Attempt resolution: You should then try direct negotiation or mediation before filing suit
• Choose the correct court: You may then either file in small claims court for disputes under $8,000 or civil court for larger or more complex cases
• Draft and file the complaint: You will then need to prepare a formal complaint outlining the dispute and desired remedies
• Serve the defendant: Next, you need to deliver legal notice of the lawsuit to the opposing party following Florida service rules
• Engage in discovery: You must then exchange documents, evidence, and witness information with the other side
• Attend hearings or trial: You then need to present your case before a judge, which may include motions, testimony, and cross-examination
• Receive judgment: If your lawsuit is successful, the court may award you damages or other relief
• Enforce the judgment: You can then use legal tools like liens or writs of execution to collect the judgment or compel compliance

Do I Need a Lawyer for a Property Management Dispute in Florida?

If you are having a property management dispute in Florida, then it is recommended that you consult an experienced Florida landlord tenant lawyer immediately. LegalMatch can assist you with locating a landlord tenant lawyer near you that can help evaluate your case and determine your best course of legal action.

Having an experienced attorney will greatly increase your chances of successfully resolving your management dispute, especially in situations where direct communication and agency action have failed. They can file a lawsuit on your behalf, ensure you meet all required deadlines, and even represent you in court, as needed.