Banegas v. Reco Realty Corp.

District Court of Appeal of Florida

Banegas v. Reco Realty Corp.

700 So. 2d 448, 1997 Fla. App. LEXIS 11984, 1997 WL 654708

District Court of Appeal of Florida·Decided October 22, 1997·No. No. 96-2535·Published

Opinion

PER CURIAM.

Appellant, Bonnie Banegas, appeals a summary judgment in favor of appellee, Ziff Associates (“owner-lessor”). We affirm.

If it were alleged that the tenant-lessee was the agent of the owner-lessor then summary judgment would not be proper. See Vic Potamkin Chevrolet v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987); Anderson v. Walthal 468 So.2d 291 (Fla. 1st DCA 1985). Here, however, pursuant to the lease, tenant-lessee maintained control of the premises and there was no agency relationship. Therefore, the owner-lessor had no legal duty to maintain a safe premises. See Santiago v. Allen, 449 So.2d 388 (Fla. 3d DCA 1984).

Affirmed.

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PER CURIAM.

Appellant, Bonnie Banegas, appeals a summary judgment in favor of appellee, Ziff Associates (“owner-lessor”). We affirm.

If it were alleged that the tenant-lessee was the agent of the owner-lessor then summary judgment would not be proper. See Vic Potamkin Chevrolet v. Horne, 505 So.2d 560 (Fla. 3d DCA 1987); Anderson v. Walthal 468 So.2d 291 (Fla. 1st DCA 1985). Here, however, pursuant to the lease, tenant-lessee maintained control of the premises and there was no agency relationship. Therefore, the owner-lessor had no legal duty to maintain a safe premises. See Santiago v. Allen, 449 So.2d 388 (Fla. 3d DCA 1984).

Affirmed.

Banegas v. Reco Realty Corp., 700 So. 2d 448, 1997 Fla. App. LEXIS 11984, 1997 WL 654708 (Fla. Ct. App. 1997).

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