Does a Florida Landlord Have to Specify Non-Rent Damages in an Eviction Lawsuit?
Non-payment of rent is perhaps the most common cause of eviction lawsuits in Florida. Through the eviction process, the landlord can seek any back rent owed as well as other expenses that the tenant may have been responsible for under the lease. That said, the landlord still needs to follow correct legal procedures to ensure they are able to seek the full amount of damages they claim are owed.
Florida Appeals Court Partially Reverses Judgment for Commercial Landlord
A recent decision from the Florida Fifth District Court of Appeals, Pure Powersports, LLC v. 7529 Salisbury Road Associates, LLC, provides a cautionary tale to landlords in this regard. This case was an eviction proceeding arising from a commercial real estate lease. In February 2017, the landlord and tenant signed a 10-year lease, which commenced in August 2017. Under the terms of the lease, the tenant agreed to pay all repair and maintenance costs for the leased property, as well all utilities, real estate taxes, and assessments.
The tenant subsequently failed to make any lease payments for 2017 or 2018. In 2019, the landlord sent demands for payment, which went unanswered. The landlord subsequently filed a civil lawsuit seeking eviction. The landlord also sought both rent and non-rent damages.
A Florida circuit court judge ultimately found in favor of the landlord’s eviction claim. After the Florida First District Court of Appeal upheld that decision, the landlord then asked the circuit court for summary judgment on its claims for rent and non-rent damages. The circuit court eventually awarded a total of $624,836.25.
This prompted the tenant’s second appeal to the Fifth District. Here, the tenant specifically challenged the award of non-rent damages. The tenant argued that the trial court “lacked jurisdiction” to award such damages in the first place as the landlord never specifically identified what those damages were. The Fifth District agreed with the tenant and reversed the non-rent damages part of the award.
As the appellate court explained, the landlord’s complaint for rent damages specifically identified how much back rent the tenant owed. In contrast, the complaint did not “describe any facts showing that Tenant failed to pay for insurance, property taxes, maintenance, repair, or utilities.” The complaint simply contained a blanked statement that the landlord was owed additional non-rent money under the terms of the lease. That was, the Fifth District said, insufficient to justify an award at the summary judgment stage of a civil lawsuit. Even when there is a breach of contract justifying such an award, the burden is on the party alleging the breach to identify the specific losses arising from that breach.
Contact a Davie Real Estate Contract Dispute Lawyer Today
Real estate contracts are complex legal documents that impose a number of obligations on landlords and tenants alike. If you are involved in a case involving an alleged breach of such an agreement, it is in your best interest to seek qualified legal advice from a Davie real estate contract dispute lawyer. Contact Valero Law today at 305-607-7011 to schedule a free consultation. We serve clients in Davie, Broward County, Coconut Grove and Miami-Dade County.
Source:
scholar.google.com/scholar_case?case=6469666693849399426
