Professional Documents
Culture Documents
Commercial Liability
Commercial Liability
Source: Security Union Title Ins. Co. v. Citibank (Florida), N.A., 715 So. 2d
973, 974-75 (Fla. 1st DCA) rev. dismissed, 728 So. 2d 200 (Fla. 1998).
Source: Stemmler v. Moon Jewelry Co., 139 So. 2d 150 (Fla. 1st DCA
1962); Jerry’s, Inc. v. Miami, 591 So. 2d 1000 (Fla. 3d DCA 1991); Meyer v.
Caribbean Interiors, 435 So. 2d 936 (Fla. 3d DCA 1983); Petrou v. Wilder,
557 So. 2d 617, 618 (Fla. 4th DCA 1990); Freundlich v. Lassiter, 666 So. 2d
164 (Fla. 4th DCA 1995); Sisco v. Rotenberg, 104 So. 2d 365, 368 (Fla.
1958); Leesburg Cmty. Cancer Ctr. v. Leesburg Reg’l Med. Ctr., Inc., 972 So.
2d 203, 207 (Fla. 5th DCA 2007).
Source: 52A C.J.S. Landlord & Tenant §§ 724, 731 (2012); Levitz Furniture
Co. of E. Region v. Cont’l Equities, 411 So. 2d 221, 223 (Fla. 3d DCA 1982).
Source: 52A C.J.S. Landlord & Tenant § 768 (2012); Blum v. Kohlmeyer &
Co., 363 So. 2d 1129 (Fla. 3d DCA 1978).
1. a violation of
law;
2. a pre-
existing
defect;
3. an inherent
danger; or
4. the landlord
undertakes
a covenant
to repair.
When there has been a violation of law by the landlord, not even an
exculpatory clause will insulate the landlord from liability. See John’s Pass
Seafood Co. v. Weber, 369 So. 2d 616 (Fla. 2d DCA 1969) (finding that
landlord is not permitted to exculpate himself from liability to a tenant for
fire damage which occurred as a result of the landlord’s failure to provide
firefighting equipment on leased dock).
A pre-existing defect in a structure or premises will generally lead to a
landlord’s liability for injuries to strangers that are caused by that defect.
The landlord has a duty to warn any guests of a tenant against known
dangers the licensee is not likely to discover and to refrain from wanton
negligence or willful misconduct. However, when a tenant is in complete
control of the premises and a defect comes into existence during the term
of the lease, or a dangerous condition is the direct result of the tenant’s
use of the premises, a landlord will not normally be liable for injuries to an
invitee of the tenant. See Lich v. N.C.J. Inv. Co.,728 So. 2d 1191 (Fla. 2d DCA
1999) (landlord was not found liable when a window that broke and
injured tenant’s employee had operated properly for one year and was
installed prior to landlord’s purchase of the building.)
A landlord who assumes a duty to repair or to improve the rented
premises is held to a standard of reasonable care in making the repairs or
improvements. A landlord will be liable for injuries caused by the
negligence of his own unskillful work or the work of his servants or
employees in making the repairs or in leaving the premises in an unsafe
condition, even if the repairs are undertaken voluntarily.
Q: Can a commercial landlord protect itself from liability for its own
negligence?
A: Yes. A commercial landlord may avoid liability for its own negligence by
inserting a specific exculpatory clause, with clear terms, in the lease
contract. Exculpatory clauses that limit or exempt liability for negligence
are disfavored, but are enforceable in Florida courts.
Q: What are the landlord’s remedies when the tenant has held over
after the expiration of the term of the lease?
A: When a tenant holds over beyond the term of his tenancy, the landlord
has the following legal remedies: (1) demanding double rent; (2)
demanding a specific amount of continuing rent; or (3) initiating a removal
action, i.e. suing for the possession of the property plus damages,
including special damages for loss of the property’s use.
Source: Lincoln Oldsmobile v. Branch, 574 So. 2d 1111, 1113 (Fla. 2nd DCA
1990); Fla. Stat. §§ 83.20-83.251 (2012).
Q: May a landlord demand double rent from a tenant who holds over
after the end of the term?
A: Yes. The landlord has the statutory right to demand double rent at the
end of the month, or in the same proportion for a longer or shorter time
by distress, from a tenant who holds over willfully and without title after
the end of the term. However, a tenant is probably not liable for double
rent if he holds over with a reasonable good faith claim of a right to
possession. The statute should be construed in favor of tenant and
against the landlord. For this reason, the obligation to pay double rent has
been held to begin on the day of the demand and is not retroactive to the
date of the holdover. In order for a landlord to collect double rent as
authorized by Florida Statute Section 83.06, the landlord must first give
notice to the tenant of his intention to demand double rent. For example,
the term of a lease ended on March 31, but the tenant continued their
possession of the property. The landlord demanded double rent on April
30. Assuming the landlord gave the tenant notice of his intention to
demand double rent, the day that double rent is calculated is April 30, the
day of the demand.
Source: Ralston, Inc. v. Miller, 357 So. 2d 1066, 1069 (Fla. 3d DCA 1978).
Source: Fla. Stat. § 83.21 (2012); Fla. Stat. § 51.011(1) (2012); Fla. R. Civ. P.
1.090(a).
Q: Is the tenant required to pay rent into the court registry in a removal
action?
A: Yes. Section 83.232, Florida Statutes, requires that in any removal
action, the tenant must pay into the court registry the amount alleged in
the complaint and any rent accrued during the pendency of the action,
unless the tenant has interposed a defense of payment or satisfaction of
the rent in the amount the complaint alleges as unpaid. The court, on its
own motion, shall notify the tenant of the requirement that rent be paid
into the court registry by order, which shall be issued immediately upon
filing of the tenant’s initial pleading, motion, or other paper. The filing of a
counterclaim for money damages does not relieve the tenant from
depositing rent due into the registry of the court. If the landlord is in
actual danger of loss of the premises or other hardship resulting from the
loss of rental income from the premises, the landlord may apply to the
court for disbursement of all or part of the funds so held in the court
registry.
Q: What if the tenant does not or cannot pay rent into the court registry
in a removal action?
A: A tenant’s failure to pay rent into the court registry is cause for
immediate default in favor of the landlord. Section 83.232, Florida
Statutes, provides that “failure of the tenant to pay the rent into the court
registry pursuant to court order shall be deemed an absolute waiver of
the tenant’s defenses. In such case, the landlord is entitled to an
immediate default for possession without further notice or hearing
thereon.” The clear language of the statute precludes any procedure in
which a trial court may excuse non-compliance with a prior order.
Q: What’s included in a distress for rent complaint, and where is it filed?
A: The distress for rent complaint must be verified, and it must state the
name of the tenant and his relation to the landlord, facts showing how the
rent obligation arose, the amount or quality and value of the rent due, and
whether the rent is payable in money, farm products or another form of
consideration. It must be filed in the court that has jurisdiction for the
amount claimed in the county where the leased premise is located.